Guardianships

Compassionate Counsel & Advocacy in Miami Guardianship Cases

Many people have an incorrect understanding of the wide range of legal matters guardianship can cover. They often assume that guardianship will only come into play should they become unable to care for their minor children (or adult children who can’t take care of themselves). The fact is, however, that legal guardianship is more often going to be there to choose who will make legal decisions on YOUR behalf should you become unable to do so.

When people who can no longer care for themselves or their assets need legal protection, a legal guardianship is generally the best course of action. Under this process, the Court appoints a person, or at times a corporate entity, to manage the affairs of the person in question (called the ward). The creation and administration of a guardianship, as well as decisions regarding the change of guardianship status is subject to the jurisdiction of the Court.

Luis E. Barreto & Associates, P.A. advises and represents clients in all aspects of guardianships. Our firm:

  • Establishes guardianships by demonstrating to the Court the need to protect the person or assets of the individual
  • Advises guardians as to their responsibilities and helps them fulfill their reporting requirements
  • Represents clients who do not wish to become subject to a guardianship
  • We also represent clients in all types of guardianship litigation, including professional guardians and corporations as well as individuals.

Guardianship Administration

Following the establishment of a guardianship, the guardian steps into the shoes of the ward and manages the affairs of the ward. Our firm can advise the guardian as to the performance of duties, including the preparation of care plans and management of assets. We can prepare the required annual report to the Court and advise you with tax and estate issues, and other matters.

In some cases involving the management of assets, it may make more sense to establish a trust or make other estate planning arrangements rather than a guardianship. Allow our firm to examine the situation and recommend the appropriate solution for you.

Please give us a call or send an e-mail to discuss your situation in a free consultation. An attorney at our firm can explain the guardianship process and how we can help you achieve your goals.

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