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Navigating a Guardianship Case in the Orlando, Florida Area

First and foremost, you need to know whether the incapacity  and guardianship determination will be uncontested or contested. Either way, you will need to file a Petition to Determine Incapacity, a Petition for Appointment of Guardian, and Application for Guardian. You will need to be fingerprinted and have a background check done on yourself. You will also have to take the guardianship education course. Lastly, you may be required to obtain a bond. 

If the INCAPACITY proceeding is uncontested, the judge or your attorney may ask you the following questions:

1. How did you get involved in the case?
2. How do you know the Alleged Incapacitated Person (AIP)?
3. Whether you have seen or spoken to Alleged Incapacitated Person (AIP)?  

If the INCAPACITY proceeding is contested, the attorney representing you will ask you the follow:

1. What have you seen and heard regarding the Alleged  Incapacitated Person’s (AIP) cognitive ability? 
2. What activities of daily living can the Alleged Incapacitated Person (AIP) no longer perform independently?

The attorney representing the competing proposed guardian may ask you questions that would indicate you do not have accurate assessment of the needs of the Alleged Incapacitated Person, and otherwise have not accurately portrayed the current status of the alleged incapacitated person. 

If the GUARDIANSHIP proceeding is uncontested, your attorney or judge may ask you:

1. What plan do you anticipate that you will implement for the Ward, as to living arrangements, medical care and caregivers, and whether you discussed these matters with the Ward, including any special needs of the Ward. 
2. What are the current assets of the Ward and if there is a need for a Restricted Depository? That determination may be reviewed  when the Initial Verified Inventory is subsequently filed by the Guardian of the Property. 

If the guardianship is contested, you may be asked some of the same questions that are asked if it is uncontested. You may also be asked by your attorney:

1. Describe your experience and qualifications. 
2. Describe specific expertise, such as previous nursing, healthcare, financial, or business background and/or employment that makes you the best choice among the other proposed guardians. 
3. Describe what you saw and heard regarding who, if anyone, the Ward prefers to be his or her guardian. 

The attorney representing the competing proposed guardian may ask you:

1. If you have any arrests, or bankruptcy filings, or involuntary terminations from employment to show the court why you may not be the best choice to be appointed. 
2. You should carefully review your Application for Appointment as Guardian to verify the information contained therein is accurate and current. 

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 informational purposes only; and it does not form an attorney client privilege.