Clearwater Probate - Probate in Florida
Probate is generally considered to cover the proper disposition of a person's effects after their death. There are, however, many other legal problems that fall under the fields of practice of a probate lawyer. A probate lawyer can assist you in setting up family trusts, arranging estate plans to avoid probate and reduce taxes, create powers of attorney and designate health care surrogates to make decisions on your behalf in the event that you are incapacitated. In addition, a probate lawyer is your best source of information regarding guardianships, estate law and estate taxes and many other areas having to do with protecting and preserving your assets both for your own needs in later life and for your heirs.
Though most people know what a will is, few understand the intricacies of probate law. Fewer still realize the many ways that they can protect themselves and their families in the event that they are unable to make decisions for themselves. A well-thought-out estate plan will cover all the important bases to ensure that your wishes are carried out in nearly any event. If you are unable to make decisions for yourself with regards to health care or in financial and legal matters, any "interested party" may petition the court to appoint a guardian for you if you haven't designated one in advance. That person may not be the person that you'd choose to make decisions on your behalf. In fact, there are cases where the person appointed by the court to make your decisions may be a total stranger.
What is a guardianship?
Most people are familiar with guardianship as it relates to minors being raised by persons other than their own parents. The courts may also appoint a guardian in other cases where a person is incapable of making decisions about their own care and needs. Those cases include mentally and developmentally disabled adults and elders and adults who are incapacitated by an illness or injury and unable to make their own decisions. A guardian is empowered to make all legal decisions that a next of kin could make on your behalf.
A Clearwater Probate Lawyer can help you avoid guardianship or by designating a person of your choice to handle your affairs in the event that you are incapacitated. By the same token, if you have concerns about a loved one's ability to make decisions regarding their health care or legal and financial affairs, a Clearwater probate attorney can assist you with petitioning for guardianship to ensure that they receive the care and assistance that they need.
