Your Expert Legal Guardianship Attorney in Sarasota, FL

Protect Your At-Risk Loved One

Has your loved one or friend become incapacitated due to an illness or condition? Are they unable to look out for their well-being and handle financial matters? It may be time to establish a Legal Guardianship on their behalf. Theodore A. Gollnick, P.A. can assist you in making this crucial decision and provide the representation you need.

What Is a Guardianship?

Legal Guardianships are put in place to protect individuals who, due to mental incapacity or medical conditions, are unable to make sound personal and/or financial decisions and may be vulnerable to abuse or exploitation. If the Court finds that an individual is partially or wholly incapacitated, it will take away certain legal rights of that individual and appoint a Guardian to exercise certain delegable rights on their behalf.

How Is a Guardianship Established?

Any competent, concerned person with knowledge of an individual's incapacity can initiate a Petition to Determine Incapacity for said individual. After the petition is filed, the Court will appoint an Examining Committee of three members, including at least one physician or psychiatrist. Each committee member will independently examine the alleged incapacitated person and then file a comprehensive written report of their findings with the Court. The examination consists of a functional assessment, a physical exam, and a mental health examination.

The alleged incapacitated individual whose rights are in question will have an attorney appointed to represent them by the Court. If the alleged incapacitated person already has an attorney who is willing to so serve, the Court can appoint that attorney to represent the individual.

If the Court decides the individual is incapacitated, a Guardian of the person and/or property is appointed to handle the financial and/or personal affairs of the incapacitated individual, also known as the Ward. Co-Guardians are appointed to manage a Ward's affairs and/or property in some situations.

Out-of-State Guardianship Transfers

Guardianships that have already been established in other states can be transferred to the State of Florida with help from Theodore A. Gollnick, P.A. Attorney Gollnick has years of experience in domesticating out-of-state Conservatorships and Guardianships, with specific expertise of those originating from the state of Michigan. Contact us to learn more.

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