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What is Guardianship for an Incapacitated Person?

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Hemness Faller Elder Law
What is Guardianship for an Incapacitated Person?

Navigating the process of appointing a guardian for an incapacitated individual can be overwhelming. At Hemness Faller Elder Law, we specialize in guiding families through these complexities with care and expertise. When appropriate, we prioritize less restrictive alternatives to guardianship, such as powers of attorney or voluntary guardianships. Our proactive approach ensures that the best interests of your loved ones are always at the forefront.


Incapacity refers to an individual’s inability to effectively exercise their rights on their own behalf. An assessment is conducted to determine if an individual can manage their affairs and make informed decisions. If the assessment determines the individual cannot, a guardian may be appointed. An appointed guardian can act on behalf of an incapacitated person. Incapacity can manifest in various forms, including dementia, brain injury, or mental health disorders.


Do all Incapacitated Persons Need a Guardian?


While guardianship may be necessary for some incapacitated individuals, it is essential to explore less restrictive alternatives first. We believe in empowering individuals to make decisions about their care and strive to minimize the need for guardianship whenever possible. Our team works diligently to identify the most suitable options for each situation, whether it’s granting power of attorney, establishing voluntary guardianships or pursuing other legal avenues.


Guardianship Services in the Tampa Bay Area


Based in the Tampa Bay area, Hemness Faller Elder Law offers guardianship services tailored to meet the unique needs of our clients. Whether you’re seeking guardianship guidance or exploring other alternatives, our experienced team is here to assist you every step of the way. We understand the importance of protecting your loved ones and strive to provide proactive solutions that prioritize their well-being.


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