Trusted Counsel On Adult Guardianship
It is important to address the issue of incapacity through proper estate planning. However, if a person has not properly designated an agent to handle their affairs if they become incapacitated, a guardian must be appointed by the court to make those decisions. The appointment of a guardian for an adult typically requires that the court determine the incapacitated person’s status and remove those rights which they are unable to exercise. The court then delegates those rights to the guardian who is responsible to account to the court throughout the guardianship until the death or restoration of capacity of the incapacitated person, who is called the ward.
At the Law Office of Warren B. Brams, P.A., we handle adult guardianship matters for clients throughout the West Palm Beach area. Attorney Warren B. Brams has more than 25 years of legal experience. In addition, our firm focuses on the personalized nature of the representation. We understand that a guardianship involves the loss of freedom for the ward and a great deal of responsibility for the guardian. We will handle your legal matter with professionalism and skill, as well as compassion and kindness, providing you with sound legal counsel and representation as you make these important decisions in your family’s life.
What Is Different About The Guardianship Of Adults
A guardianship of an adult is a legal establishment of an agent (called a guardian) to make important decisions for another person (called a ward). The law presumes that every adult has the autonomy to make his or her own decisions unless a person lacks the mental, physical or emotional capacity to make those decisions alone. Since a guardianship effectively transfers a ward’s autonomy to the guardian, a court will only grant a guardianship unless there is a showing of incapacity.
This diminished mental capacity can come as a result of an accident, illness or even old age. By establishing your own guardianship in advance, you retain control over who the guardian will be and leave instructions for how your affairs are to be handled. We also represent children, grandchildren and other loved ones seeking to establish a guardianship over someone they believe is incapacitated.
What Specific Situation Do You Need To Address?
At the Law Office of Warren B. Brams, P.A., we can help you:
- Establish a guardianship: We represent clients through all phases of the legal process involved with establishing a guardianship for an adult. This can be a challenging process, but establishing a guardianship allows you to retain more control over the process and outcome than letting the court make this type of decision for you.
- Fulfill your duties as a guardian: A guardian has a difficult task in executing decision-making power over the ward while allowing the ward to retain the highest amount of autonomy as possible. We will help you understand your legal rights, responsibilities and options as a guardian, so you can avoid legal mistakes and pitfalls while providing the best level of care possible for the ward.