Our team of attorneys truly care about you and your family, not just the outcome of your case.
Contested Guardianship Attorney
Why hire a Port St. Lucie contested guardianship lawyer?
Whether you seek to be appointed a guardian or to contest another guardianship petition, a Port St. Lucie attorney from our firm can provide the trusted counsel you need. At Crary Buchanan, we have a longstanding history in the area for providing high-quality and reliable legal assistance when it matters most. We have an AV® rated lawyer on our estate planning team, as well as a lawyer who is Board Certified in Wills, Trusts & Estates. Don’t hesitate to see how a Port St. Lucie contested guardianship attorney can deliver the representation you deserve.
Contact Crary Buchanan at (888) 899-8161 to today!
Understanding Capacity & Guardianship in Florida
In cases where an adult is ill or incapacitated, it may become necessary for a guardian to be appointed to help handle their affairs. An adult is presumed to have full capacity under Florida law until the court says that they do not. The definition of capacity is whether a person relates to their person, place or time.
Someone is legally incapacitated if they lack any of the following:
- Awareness of their surroundings
- Recognition of the time they are living in
- Relating to the person speaking to them
Once incapacity is determined by the court, a guardianship may be put into place. This guardianship can become contested for several reasons. Sometimes, there may be parties who disagree with the appointed guardian, or cases where more than one person is petitioning for guardianship.
If the court finds that none of the parties who seek to be appointed guardian are qualified, then the court may appoint another guardian altogether. The court has the final power to decide who the guardian will be. With such high stakes in a complicated process, you need the right contested guardianship lawyer at your side.
Our Port St. Lucie estate planning attorneys can help you protect your loved one’s interests. case evaluation today!
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