Probate Guardianship

A guardianship may be established once the court determines that the beneficiary of a deceased person’s estate is not of legal age or is incapacitated because of a mental illness or physical impairment.

Generally, there are two types of Probate Guardianship, the Probate Guardianship of the Person and Probate Guardianship of the Estate.

Guardianship of the Person

A Guardianship of the Person is established once it is determined that the person living with the child is not their parent. A Probate Guardianship of the Persons grants full physical and legal rights over the child.

Basically, the designated guardian has the same role and responsibilities of a parent. They are tasked with the child’s care which includes the physical, educational and emotional needs of the child. A Probate Guardianship of a person is usually terminated when the child reaches legal age and is able to determine their future.

Guardianship of the Estate

A Guardian of the Estate is mainly responsible for overseeing all transactions with regards to assets or properties awarded to beneficiaries under legal age. In general cases, the surviving parent is given guardianship over their children by the Court. Guardians are responsible for providing funding and making available assets to assist the child.

In most cases, the responsibilities of the Guardian of the Estate and Guardian of the person are awarded to one person. In some instances, the two duties are given to separate individuals.

Temporary Guardianship

In special cases like life threatening emergencies, a person may seek Temporary Guardianship. Applications for Temporary Guardianship in court are done expeditiously due to their emergency nature. If granted, the individual is given the authority over the child’s well being and access to all funds available.

There are no “Permanent Guardianships,” all guardianships are terminated once the child reaches legal age or an incapacitated person is able to regain full mental control and functions. Guardianships may also be terminated once a court nulls its validity and awards it to another guardian.

Additional websites for Probate Law: Attorney Adrian Philip Thomas serving clients in Fort Lauderdale.