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Guardianship/Conservatorship

When it comes to appointing someone else to make important personal decisions on your behalf, every person is unique and has different legal needs. Some people may need only a power of attorney, which is non-restrictive and easily revocable, while others may need plenary guardianship which delegates all rights to the guardian and leaves none to the ward.

At the Florida firm of O'Halloran & O'Halloran, Attorneys at Law, we think of it as a ladder. We stop at the rung that is best for you and don't go any higher. We work hard to develop the least restrictive alternative to assist the person in need. Each solution we create is tailor-made and depends on the abilities and needs of the party being protected.

What's the Difference Between a Guardian and a Guardian Advocate?

A traditional guardian is appointed by the court to care for someone who is judged to be incapacitated or unable to care for himself or herself. The guardian advocate statute, however, is less restrictive and does not involve the testimony of expert witnesses to prove that the party in question is incapacitated. Although more limited, it is also simpler and more cost-effective.

In addition, guardian advocates are available only for persons with a developmental disability whose disability manifested before age 18 such as children with cerebral palsy, autism, spina bifida, mental retardation or Prader-Willi syndrome.

When a Disabled Child Turns 18

If you have a child with a disability who is turning 18, you will need to be appointed as his or her guardian advocate. Unless you are appointed guardian or guardian advocate, you may no longer have the ability to make legal decisions for your child. In addition, you may no longer be allowed to access his or her health care records, bank accounts, school records and other important information.

Consult Our Lee County Guardian Advocate Lawyers

Whether you need to establish a guardianship or you simply want more information about guardian advocacy, call our Fort Myers office at 239-603-6337 or toll free at 888-336-7912, or send us an e-mail today to schedule a consultation with our experienced Fort Myers guardianship lawyers.

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