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Guardianship Lawyer in Daytona Beach

A Florida guardianship is the process by which a court finds an elderly person’s ability to make decisions is impaired and gives decision-making rights to another person or entity.

A guardianship is used by the court when less restrictive means, such as power of attorney, a trust of a healthcare aid, are not appropriate or available. Legislation creating a Florida guardianship has the intent that the least restrictive form of guardianship is desirable.

Florida guardianship is an ethical as well as legal relationship with many court-mandated duties and responsibilities involving the very basic rights of another human being, who becomes a “ward” of the court.

It is of the utmost necessity that:

  • An attorney be consulted to represent and advise the guardian in all appropriate, technical procedural and fiduciary matters relating to the court.
  • The guardian diligently proceed to take care of the ward, safeguarding the ward’s numerous rights while preserving the ward’s dignity, and improving the ward’s quality of life.

To establish a Florida guardianship, a member of the prospective ward’s family or a person of interest must file a petition with the court. Then, under Chapter 744 of the Florida Statutes, the court will proceed by appointing a committee to evaluate the prospective ward. A guardian is then proposed by either the court or the petitioner and must undergo an evaluation to ensure they meet the stringent requirements of a Florida guardianship. There are many different levels of guardianship and the process can be quite complex.

Florida guardianship attorney Thomas Upchurch can consult with you about a Florida guardianship. Call him at 386-320-6169 or e-mail

For further reading visit: “What is Guardianship in Florida? Understanding Guardianship Law” and “What is Involuntary Guardianship in Florida