The Law Office of Nikki A. Uri, LLC specializes in Elder Law, working as an advocate for the elderly and their loved ones. As an Elder Law attorney, Nikki handles a wide range of legal matters affecting an older or disabled person. This includes issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid and end of life planning. We are equipped to handle the sensitive emotional and physical needs of older or disabled adults.
Nikki and her team will also help you locate a suitable long term care facility.
If travel is difficult for you, we will come to your home at no additional cost.
If a person is first determined to lack the ability to make their own decisions, the guardianship process should be used as the last resort. This process is set up to protect those who may have limitations, such as dementia, Alzheimer’s disease, developmental issues, or other chronic illnesses that may impair their ability to make sound decisions on their own behalf.
In accordance with Florida Statutes, a guardian in required to submit reports to the court, showing that they are fulfilling his or her duties in accordance with the law. Failure to do so, may result in removal of their position as guardian or other court appointed action.
For a voluntary guardianship, the person whose capacity is being evaluated is able to ask for or appoint their own guardian. The petition for voluntary guardianship must include a review and confirmation by a physician and the court must find them to be mentally incompetent. The parties involved may be granted full or limited authority, and may be terminated by filing notice with the court.
For an involuntary guardianship, the person is not able to ask the court themselves to appoint a guardian and the court rules accordingly.
With plenary guardianship, the guardian is granted oversight of all of the ward’s person and property, whereas limited guardianship will specify exactly what limits of oversight the guardian has.