An Attorney For The Complexities Of Minor Guardianships In Florida
Minor guardianships are legal arrangements that protect the interests of children who receive significant assets. Florida requires a guardianship when a child under the age of 18 inherits or receives assets exceeding $15,000.
Guardianship proceedings are court-supervised and highly regulated. You need the counsel of an experienced guardianship attorney to assist with annual reporting and other requirements.
My name is Barbara J. Hartbrodt, and I am a minor guardianship attorney practicing since 2016. At Hartbrodt Law PLLC, I help families in DeBary, along the Surf Coast and across Florida. I work closely with you to implement a legally sound guardianship that preserves the child’s finances and promises them a secure future.
Types Of Minor Guardianship Situations
The guardianship of a minor may become necessary in various situations, including:
- Inheritances, such as when a child’s parent passes away
- Personal injury settlements for minors
- Insurance policy proceeds
- Significant income from work
- Other financial windfalls to minors
There are two broad categories of guardianships:
- Guardianship of the person: A guardian oversees the daily care of a minor child whose parents are not available.
- Guardianship of the property: A guardian manages the finances of a child who receives an inheritance or settlement of over $15,000.
Alternatives to a guardianship for children, such as structured annuities, may be appropriate in some cases. These alternatives require court approval and may be suitable when formal guardianship is not necessary.
The Guardianship Process
Establishing a legal guardianship of a child involves several steps that you should take with a guardianship attorney. These are the general steps of the minor guardianship process:
- File a petition with the court.
- Provide necessary documentation, including proof of assets.
- Attend a court hearing to determine guardianship.
You can expect a streamlined process to guardianship court proceedings with my efficient approach. My role as a minor guardianship lawyer is to ensure a smooth guardianship process, saving you time and money and upholding the child’s best interests.
What Does The Court Consider When Designating A Guardian?
In Florida, the court’s primary concern when naming a guardian for a minor is the child’s best interest. Florida courts have a strong preference for family members related by blood or marriage, such as grandparents, aunts or adult siblings. To ensure the child’s safety and financial security, the court requires a Level 2 background check (fingerprinting and criminal history) and a credit screening.
What Are The Duties Of A Guardian?
A guardian is a fiduciary, meaning they must always act in the ward’s best interest. Their primary duty is to protect the ward’s well-being. While doing so, they should also preserve their dignity and as much independence as possible. Other duties for the guardian of a minor child may include:
- Enrolling the child in school
- Providing living arrangements
- Making health care and medical decisions
- Safeguarding the child’s emotional well-being
- Managing the child’s finances
- Filing an inventory of assets and a plan of care
- Submitting an annual accounting
- Undergoing court-mandated training
I can assist you with all ongoing responsibilities of guardianship well into the future.
What Is A Preneed Guardianship Designation?
If you are of sound mind, you can take steps today to protect your child in case you die or lose your mental capacity tomorrow. In your estate plan, you can create a preneed guardianship designation in your last will and testament. This is a tool that allows you to select a guardian for your minor children in case of an emergency.
Learn More From A Minor Guardianship Lawyer
Do you need to appoint a guardian for a child? Contact the office of Hartbrodt Law PLLC to discuss how I can assist you with guardianship of assets, temporary guardianship, minor settlement guardianship and more. To schedule an initial consultation, please call 386-888-8478 or use my online contact form.