Guardianships & Conservatorships

Guardianships and conservatorships are legal processes that help families protect their loved ones should they be unable to care for their own well-being due to age, incapacity or disability. 

At the Law Offices of Max J. Paul, we have helped countless families put their minds at ease by establishing guardianships and conservatorships.

Dementia and Alzheimer’s disease are particular hazards for seniors today and are striking people with increasing frequency as life expectancy in this country continues to increase. 

Therefore, in many circumstances, an adult child, family member or friend may find themselves in the position of eventually having to care for the financial needs of a senior or adult with diminished cognitive abilities unable to manage his or her own affairs.

This is particularly true in a state with so many retirees like Florida. This is why Florida law allows for another adult to take over and manage the affairs of someone who may no longer be able to handle their own money or other affairs through a conservatorship.

Children, particularly those too young to care for themselves, also may have tragedy strike them and their families and may be left without someone to watch out for them, care for them, or ensure that they are able to attend school and all the other necessities for a happy and healthy childhood.

If something occurs to a child’s parent, then someone needs to be there for the child or children to ensure they have clothing, a safe place to live, food to eat, and they can go to school.  Often in this situation a family member or friend will want to step up and be that rock and that source of support.

Luckily, just as in the case of an elderly relative who is no longer able to make decisions for him or herself, Florida law provides a means by which a responsible adult can be appointed to serve as a surrogate parent through a guardianship.

These are even permitted to be prepared prior to the event to ensure that the child’s parents’ wishes if something happens to them are expressly set forth.

Attorney Max Paul is experienced in handling scenarios where guardianships and conservatorships may be necessary.  These are difficult issues to discuss even among family members, and Max’s compassion and empathy can help to make this situation easier.

Contact or call us at 561-807-1977 for a free consultation.

Conservatorships

It is a sad fact that our parents eventually get older and often may require our help. After raising you, it is almost incomprehensible to think that one day your parents may be in a position where they need your help, whether it is your assistance to walk up a flight of stairs in a building without an elevator or to manage their finances. 

This can also be true for your favorite aunt or uncle, a grandparent, a family friend or anyone else who is important to you. 

A conservatorship is a legal device pursuant to which an adult child or other family member or loved one can be appointed to assist an adult who is no longer capable of his or her affairs, such as managing their finances.

Max Paul is experienced in preparing conservatorship documents and walking clients through all the steps of the process, from the initial planning to the preparation of the documents to the actual implementation of the arrangements. 

Given his long experience in assisting clients in need of services in this area of the law, you can also expect an empathetic attorney who understands what you are going through and will be compassionate and understanding throughout what can be an emotional process.

Guardianships

A guardianship is a legal arrangement by which a family member, friend or other adult can serve as a surrogate parent for the child in the event of the death or incapacity of a parent.  It is set forth in a formal legal document that becomes effective if a parent dies or becomes incapacitated.

It is crucial to establish a guardianship plan in advance. If something happens and a tragedy occurs, the court could appoint someone as a child’s guardian other than who the deceased or incapacitated parent would have wanted.

A parent can set up the arrangements that that parent wants in place should something happen to him or her prospectively, i.e. naming who should care for their children in the event something happens to them.

Max Paul has helped countless parents ensure their children are taken care of in the event something untoward occurred to them by setting up a guardianship according to their exact wishes.