Guardianship Attorney Tampa, FL
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Tampa Guardianship Attorney: Protecting Your Loved One's Rights and Future
Helping You Protect Your Loved Ones with Care, Guidance and Creative Solutions
When a family member can no longer make important decisions about their health, finances, or daily care, establishing guardianship may be the most compassionate way to ensure their protection and well-being. Law Office of Elizabeth Devolder provides comprehensive guardianship services throughout Tampa, FL, helping families navigate this complex legal process with dignity and care.
As an experienced guardianship attorney in Tampa, FL, Elizabeth Devolder understands the emotional challenges families face when considering guardianship for a loved one. Whether you're dealing with an aging parent, a special needs child transitioning to adulthood, or a family member with cognitive impairment, our firm provides the legal guidance and support you need during this difficult time.
813-379-9839 or contact us today to schedule a consultation and learn how we can help protect your family's future.
Understanding Guardianship in Florida
Discovering the different types of Guardianship in Florida – and Finding the Solution for You
Guardianship is a legal relationship where a court appoints someone (the guardian) to make decisions for another person (the ward) who cannot make those decisions independently. In Florida, guardianship proceedings are governed by strict statutory requirements designed to protect the rights of all parties involved.
The Tampa Bay area courts, including those serving Hillsborough County, handle numerous guardianship cases each year. These proceedings take place primarily at the Hillsborough County Courthouse on Pierce Street in downtown Tampa, where our firm regularly advocates for families seeking guardianship protection.
Plenary Guardianship - Full Care & Security
Types of Guardianship in Florida
- Plenary Guardianship: Provides complete authority over the ward's person and property when they are completely incapacitated.
- Limited Guardianship: Grants decision-making authority only in specific areas where the person needs assistance, preserving their autonomy in other areas.
- Emergency Temporary Guardianship: Provides immediate protection when a person faces imminent danger or harm.
- Voluntary Guardianship: Allows a competent adult to petition for their own guardian before incapacity occurs.
When Do You Need a Guardianship Attorney in Tampa, FL?
Many families struggle to determine when guardianship becomes necessary. Common situations that may require guardianship lawyers near you in Tampa, FL include:
- Alzheimer's disease or dementia affecting a parent's ability to manage finances or healthcare decisions
- Developmental disabilities requiring ongoing support as a child reaches adulthood
- Mental illness that impairs judgment and decision-making capacity
- Traumatic brain injury resulting in cognitive impairment
- Substance abuse creating dangerous or reckless behavior
- Financial exploitation by scammers or unscrupulous individuals
Law Office of Elizabeth Devolder helps families understand their options and determine whether guardianship is the appropriate solution for their unique circumstances.
Guardianship vs Power of Attorney: Understanding the Difference
One of the most common questions our guardianship attorneys in Tampa, FL receive involves the distinction between guardianship vs power of attorney. Understanding these differences is crucial for making informed decisions about your family's needs.
Power of Attorney
- Created while the person is still competent
- The principal voluntarily grants authority to an agent
- Can be revoked at any time by the principal
- Less expensive and faster to establish
- No court supervision required
Guardianship
- Established through court proceedings
- Required when someone lacks capacity to create a power of attorney
- Cannot be revoked by the ward
- Involves court supervision and ongoing reporting requirements
- More comprehensive protection but also more restrictive
When someone already has dementia or lacks capacity, guardianship may be the only available option. However, if your loved one still has capacity, a well-drafted power of attorney might provide the protection they need without court intervention.
The Florida Guardianship Process
Establishing guardianship in Florida requires following specific legal procedures. Our experienced lawyers for legal guardianship guide families through each step:
- Filing the Petition: The process begins by filing in the circuit court where the alleged incapacitated person resides.
- Court-Appointed Examining Committee: A three-member examining committee evaluates the alleged incapacitated person.
- Appointment of Guardian Ad Litem: The court appoints a guardian ad litem to represent the individual’s interests.
- Notice to Interested Parties: All family members and interested parties must receive proper notice.
- Hearing and Final Order: If guardianship is necessary, the court issues an order appointing a guardian and outlining their powers.
Serving Tampa Bay Communities
Law Office of Elizabeth Devolder proudly serves families throughout the Tampa Bay area, including Downtown Tampa, Hyde Park, Westchase, Carrollwood, Brandon, Plant City, Temple Terrace, and communities near the University of South Florida.
Responsibilities of a Guardian in Florida
Serving as a guardian carries significant legal and ethical responsibilities. Guardians must:
- File annual reports with the court
- Manage finances responsibly
- Make healthcare decisions in the ward's best interest
- Ensure proper housing and care arrangements
- Protect the ward from abuse, neglect, or exploitation
- Seek court approval for major financial or real estate decisions
Alternatives to Guardianship
Before pursuing guardianship, families should consider less restrictive alternatives, including advance directives, Trust planning, and supportive services.
Why Choose Law Office of Elizabeth Devolder
Law Office of Elizabeth Devolder brings decades of experience to guardianship cases throughout Tampa, FL. Our client-first approach ensures that every family receives personalized attention and compassionate guidance during what is often a difficult and emotional time.
We understand that each family's situation is unique. Our reputation for achieving positive outcomes for families facing guardianship issues makes us a trusted choice for Tampa residents.
Take Action Today: Protect Your Family's Future
Don't wait until a crisis forces difficult decisions. Whether you're planning ahead or facing an immediate need for guardianship, Law Office of Elizabeth Devolder is here to help. Our experienced team will guide you through every step of the process, ensuring your loved one receives the protection they deserve.
Compassionate Guidance, Thoughtful Solutions – that's what you can expect when you work with Law Office of Elizabeth Devolder. 813-379-9839 or fill out our contact form today to schedule your consultation and take the first step toward securing your family's future.