Ivan K. Clements, Jr., P.A.
Attorney at Law

Guardianship

Ivan K. Clements, Jr., P.A. helps families and loved ones set up and administer a Guardianship so that the Guardian has the legal authority to assist the ward. Guardianships fall under Court supervision and can be complicated and highly technical.

What is a Guardianship?

 A Guardianship is a Court supervised management of the affairs of someone who has been adjudged to be incompetent to handle their own affairs (the Ward). A Guardian is appointed by order of the Court. The Guardian assumes many (not all) of the rights of the Ward, and makes decisions about the Ward’s day-to-day activities. One of the most important jobs of the Guardian is to manage the finances of the Ward. A Guardian must file annual accountings with the Court on the status of the Ward and their finances and assets.

Minors are, by law, incapable of handling certain aspects of their lives, such as the ownership of real estate, or to receive large sums of money. The child may have inherited property or money through Probate, or received a large sum of money in a Personal Injury case. In these cases, a Guardianship of a Minor may be established to manage the property or money until the child turns 18 years of age.

A Guardian is a "Fiduciary." This means the Guardian has a responsibility to the Ward to act with "scrupulous good conduct, good faith, and candor." Guardianship Law is a complicated field of law that has very specific laws and rules designed to protect the interests of the Ward. That is why every Guardian in the state of Florida is required to be represented by an attorney licensed to practice law in Florida.

Contact Ivan K. Clements, Jr., P.A. if you have any questions and need legal help regarding guardianship.

Alternatives to Guardianship

Guardianships can be complicated and expensive. Through proper planning, alternatives to Guardianship can be established by you to avoid this complication and expense. These include the following:

There are other methods as well. These alternatives are not for everyone. Contact Ivan K. Clements, Jr., P.A. for legal advice to determine which methods are right for you.