Guardianship Creation & Administration
Miami Guardianship Attorneys
People who can no longer care for themselves or their assets may need legal protection in the form of a guardianship. Under this process, the Court appoints a person, or at times a corporate entity, to manage the affairs of the person in question (called the ward). The creation and administration of a guardianship, as well as decisions regarding the change of guardianship status is subject to the jurisdiction of the Court.
Barreto & Romero, P.A. advises and represents clients in all aspects of guardianships. Our firm:
- Establishes guardianships by demonstrating to the Court the need to protect the person or assets of the individual
- Advises guardians as to their responsibilities and helps them fulfill their reporting requirements
- Represents clients who do not wish to become subject to a guardianship
We also represent clients in all types of guardianship litigation, including professional guardians and corporations as well as individuals.
Call (305) 742-0066 or send an e-mail to discuss your situation in a free consultation. An attorney at our firm can explain the guardianship process and how we can help you achieve your goals.
Guardianship Hearings and Trials
A petition begins the process and determines whether a guardianship should be established. At an initial hearing the Court will appoint a lawyer to represent the alleged incompetent person, or the person can hire their own lawyer. The judge will also name a panel of three doctors to examine the person and provide a report on the capacity of the individual to manage his or her affairs. A civil trial is held, evidence and testimony are presented and the judge will issue a ruling.
Barreto & Romero, P.A. has extensive experience in guardianship cases of all types. We can inform you about the factors that the judge will use in making the guardianship decision. We will build a solid case on your behalf, designed to achieve your goals.
Following the establishment of a guardianship, the guardian steps into the shoes of the ward and manages the affairs of the ward. Our firm can advise the guardian as to the performance of duties, including the preparation of care plans and management of assets. We can prepare the required annual report to the Court and advise you with tax and estate issues, and other matters.
In some cases involving the management of assets, it may make more sense to establish a trust or make other estate planning arrangements rather than a guardianship. Barreto & Romero, P.A. can examine the situation and recommend the appropriate solution for you.
For a free initial consultation with Barreto & Romero, P.A. call (305) 742-0066 or send us an e-mail. Located in Miami, Barreto & Romero, P.A. serves clients throughout South Florida in estate planning, administration, and litigation matters.
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