Hi, How Can We Help You?

Blog

What Information Will You Need to Provide to Your Attorney if You Want to Be a Guardian of a Relative in the Orlando, Florida Area?

If you hire an attorney to petition for you to be guardian of a relative of yours in the Orlando, Florida area, then the attorney will need certain information in order that the attorney can file the pleadings with the court. Some of these pleadings are:

  1. Application for Petition for Guardianship. You will also need to submit a fingerprint card, so the court has the results of a background check on you to determine if you are qualified to be a guardian. Your attorney will explain all this to you. You will be required to take a Guardianship class too. 
  2. Oath, Designation, and Acceptance. 
  3. Petition to Determine Incapacity. 
  4. Petition to Appoint Guardian. 

You will have to fill out an Application of Guardian. In the application, you will include your educational background, whether you were ever fired from a job, if you have a criminal record, whether you have had substance or alcohol treatment and whether you have filed for bankruptcy. 

You will file a Petition to Determine Incapacity. You will need to provide your attorney with the medical information as to why your relative is incapacitated. This can consist of a letter from a treating physician, a letter from a psychologist,  or a diagnosis of dementia from a medical facility. Your attorney may attach this medical diagnosis to your Petition for Guardianship to show a good faith basis as to why you are alleging your relative is incapacitated. You will provide your relative’s age, address, current medical condition, and other biographical information. You will need to list whether there are any other relatives of this individual. 

Your attorney will also file a Petition to Appoint Guardian. In the Petition to Appoint Guardian, you will tell the court why you want to be Guardian and why the court should choose you to be Guardian. You will tell the court why your relative needs a guardianship. 

Information that is included in the Petition for  Guardian includes the real property your relative owns and detailed information on the property such as description, value, how it is titled, where it is located and if any liens are on it. You must also list the personal property of your relative such as the description, value, how it is titled, where it is located and liens. This would include such personal property as bank accounts, brokerage accounts, and motor vehicles. You would include any income your relative receives from pensions, retirement, and investments. 

If there are immediate medical or financial issues, the attorney may file a Petition for Emergency Temporary Guardianship. Further, if someone is stealing from your relative, the attorney may file an Injunction for Protection of Exploitation of a Vulnerable Adult. 

If you have more questions regarding a Guardianship Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

This article is for information purposes only; and it does not form an attorney client privilege. 

Share Post