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505 E. New York Ave., Suite 7
DeLand, Florida 32724
Bauer & Associates Attorneys at Law
Local: 386.734.3313
Toll Free: 800.738.0424
Offices located in DeLand, FL

Guardianship

Guardianship Cases

Bauer & Associates represents guardians for incapacitated adults and minors. Our firm handles all matters including the creation of guardianships and administration of such cases.

We provide compassionate, experienced representation for people who are in need of probate and guardianship services for their loved ones.

Types of Guardianships:

  • Limited Guardianship: Appointed when an individual can make some, but not all, decisions. The guardian is granted specific responsibilities while the ward retains their remaining rights.
  • Plenary Guardianship: Appointed when an individual is deemed fully incapacitated and the guardian has full control over their personal and financial affairs.
  • Guardian Advocate: A specific type of guardianship for a person with a developmental disability, where only the specific rights the person cannot manage are removed.

Establishing a Guardianship

Adult Guardianship

The process begins with a court petition to determine whether the person lacks capacity and whether a guardian is necessary.

To file for guardianship in Florida, a petition to determine incapacity and a separate petition for guardianship need to be filed with the court in the county where the person resides. The court will then appoint an attorney for the individual, order medical evaluations, and schedule a hearing to determine if guardianship is necessary. If the court finds in capacity and grants guardianship, you must file inventory and annual reports.

Minor Guardianship

Unlike adult guardianship a formal finding of incapacity is not required for a minor as a minor is considered incapable of handling certain affairs until 18. Guardianship is necessary for a minor who may have received a significant settlement from a personal injury case, or an inheritance that exceeds $15,000.00.

Representation in Fiduciary Proceeding

Bauer & Associate attorneys assist clients in having the court appoint a guardian to represent a minor or incapacitated person. Being familiar with the legal restrictions and requirements, the attorneys can help make the process smooth and efficient.

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