West Palm Beach Voluntary & Contested Guardianship Attorney
The state of Florida, and Palm Beach County in particular, has long been a national leader in protecting the rights of senior citizens. Owing to a large senior population, however, the resources are not always present at the state or county level to provide sufficient oversight of these legal protections. The law offices of Jami L. Huber in West Palm Beach provides knowledgeable, experienced and compassionate assistance to individuals involved in voluntary or contested guardianship proceedings in Palm Beach County. Jami L. Huber assists in limited or plenary guardianships over the person or property, or both, in accordance with Florida guardianship law. Contact our experienced West Palm Beach voluntary & contested guardianship attorney today.
Assistance with Voluntary Guardianships under Florida Law
An adult who realizes he or she is becoming unable to manage his or her own affairs may seek a guardian through a voluntary proceeding. Jami L. Huber, P.A. provides advice and counsel regarding the law, drafts documents and guides clients through the process to ensure they get the help they need from someone they know and trust.
Involuntary or Contested Guardianships
Adult children may mean well but may be misguided about a particular situation, or they may in fact be overstepping the bounds of propriety in trying to force a guardianship over an elder parent. Once adjudicated incompetent through a court-appointed examination and by clear and convincing evidence in a courtroom hearing, the judge either identifies alternatives to guardianship or acts immediately to appoint a guardian, specifying which rights are being taken from the ward and delegated to the guardian. Any attempt to restore the ward to capacity likewise requires an examination and court hearing, and allows for objections to be lodged against terminating the guardianship. Attorney Jami L. Huber is an experienced guardianship litigator who provides strong, effective advocacy throughout involuntary guardianship proceedings.
The state of Florida arguably has the strongest legal protections for adult wards of any state in the country. Even so, given the state’s large senior citizen population, the legal protections in place and the budget set aside to enforce them may not be enough to protect all persons in need of help. Under Florida law, any competent adult has the ability to file a petition establishing a guardianship over any other person, and stories abound of court-appointed guardians taking advantage of their wards in a number of ways, from running up excessive fees to isolating seniors from their families and even overmedicating them while committing theft and fraud.
Any person, including the ward, may petition the court at any time for review, alleging that the guardian is not complying with the guardianship plan or is exceeding authority and not acting in the best interest of ward. However, Florida law allows attorney fees to be assessed against the petitioner if the petition is found to be without merit. It is essential that any petition be well thought-out and professionally prepared to avoid being declared meritless.
Seek Experienced Legal Representation in West Palm Beach Guardianship Matters
For practical, compassionate advice and effective representation in a voluntary or contested guardianship proceeding in Palm Beach County, call Jami L. Huber., P.A. in West Palm Beach and Boca Raton at 561-283-4770.
