Practice Area

Guardianship and Conservatorship

Guardianship is when one person’s rights are taken away and given to another person. A court takes away the rights of one person, called the Ward, and gives them to another person, called the Guardian.  Since guardianship involves the taking away of a person’s rights, our office and the courts treat guardianship as a last resort. There are, however, some people who can no longer take care of themselves, who will not cooperate with family or friends, and who did not do legal planning in advance of their incapacity.

Examples may include a sick person who can no longer cook or clean but who refuses to get assistance; or an Alzheimer’s victim who is susceptible to being taken advantage of by unscrupulous business persons or even friends or family; or a nursing home resident who absolutely needs to be there but who refuses to stay. If the court finds that these people lack the capacity or ability to do the necessary acts for their everyday living, the court may appoint a guardian to do those things for them.

 

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Contact us today by calling our Delray Beach, FL office at (561) 733-4242 or click the “book a consultation” box below to schedule a time.

 

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