MANATEE COUNTY GUARDIANSHIP

People seek guardianship for a variety of reasons - an elderly person who can no longer manage their property, be alone or due to mental and/or physical incapacity . 

A Guardianship is a legal proceeding under which an individual is declared to be incapacitated and has a guardian appointed to handle their care and his or her property. A guardian of the person makes decisions and takes action regarding the personal care of the ward. A guardian of the property manages the property and assets of the ward. 

A guardianship must be established for the property of a minor child when an amount over $50,000 is to be paid to the minor. The court may also appoint a guardian before approving a settlement for a claim over $15,000. This may occur through an inheritance or through a settlement of a legal action. Guardianship of the person of a minor child may need to be established if both natural parents are deceased, incapacitated or unavailable 

Guardianships require the use of an attorney; 

• Preparing Petitions to Determine Incapacity
• Appointing a Guardian
• Transferring guardianship out-of-state.
• Attending hearings with the potential guardian
• Helping the guardian file an inventory of the Ward’s assets
• Planning on how the Ward will be cared for (this must be done on an annual basis)
• Helping family members set up special needs trusts for disabled beneficiaries
• Working with personal injury attorneys or individuals to establish a guardianship over the property for a minor who is the beneficiary of a settlement
• Working with the guardian to be discharged at the end of the case (death, age of maturity, restoration of capacity, transfer of guardianship out-of-state).

A guardian is appointed by the court to act in the best interest of the ward (incapacitated person). The guardian may exercise only those rights that have been removed from the ward and delegated to the guardian.

• A guardian of the property manages the property of the ward. A newly appointed guardian is required to file an Initial Inventory of the ward’s assets within 60 days of his appointment.
• Subsequently, an annual accounting of the assets will be required.
• A guardian of the person is required to file an Initial Plan for the care of the ward within 60 days of his appointment. Subsequently, an annual plan is required to provide information to the court about the health and physical well being of the ward.

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