How an Estate of an Incapacitate Person is Disposed thru Probate

The term “guardianhsip” refers to a legal arrangement under which an elder is cared for by a legal representative, usually a relative, of that person or in-law, with the express purpose that the elder be provided with a high degree of independence. As opposed to the more common arrangement between a spouse and child, in the case of a guardianship, the guardian carries out the care, said Miami probate, guardianship and estate planning lawyer. There are many Florida guardianship law firms that deal with these kinds of cases on a routine basis. A good attorney dealing with this kind of case will have expertise in this area and also be familiar with the relevant statutory language. The attorney will also know about the various procedures that need to be followed and what documentation needs to be submitted.

Appointment of a guardian is one of the first things that a court will consider when deciding upon the disposition of an incapacitated or incompetent person. There is usually a meeting between the guardian and the patient at which the guardian makes the appointment. This is referred to as the guardianship interview. The purpose of the guardianship interview is to ensure that the individual is suitable for the job and that his / her abilities and welfare are being looked after.


There are certain procedures that need to be followed during the appointment. The applicant should personally appear in person before the judge and present a very detailed account of his / her financial situation. It may be necessary for some patients to have their income and assets evaluated in order to make a suitable choice between prospective guardians. The court may also require information about any other minor children who are living with the applicant or any other adults who are known to be closely related to him / her. All this information is needed in order to make an informed appointment. The court will also need information about the guardian’s background, education, work experience and family ties.


After presenting all the necessary documents from the applicant may ask the court to set a date for the interview. If the judge feels that the person is suitable for the job, he / she will set another date for the interview. This is where the guardianship application will be presented. The applicant must not attend this meeting, however he / she may be advised to attend in case questions are asked. If the judge agrees to the application, he / she will ask the court for further details about the responsibilities of the guardianship.


probate lawyerThe court will look at the standard of living and determine if the applicant will be able to provide the necessities of life. The court will then take into consideration all the other individuals who may be involved in the guardianship. They include the parents, partner, children, other members of the family, and any other individuals who come into contact with the individual. The court may also consider the ability of the applicant to make decisions concerning his / her welfare. The court will then make its decision.


The Florida guardianship laws are in place in order to help protect the interests of all parties involved. The provision of this type of legal service helps relieve some of the stress that may be associated with dealing with the legal aspects of dealing with an aging parent or other loved one who is ill or has diminished mental capacity. It also allows the care giver time to recover from their physical ailments. The provision of the Florida guardianship is also beneficial for any children who have been placed in the guardianship of an elderly parent or anyone else who has become emotionally or physically incapacitated as a result of a medical condition. The courts are willing to listen to all types of situations when it comes to making a decision regarding guardianship.