Tampa Guardianship Attorney
Some situations require that a parent relinquishes their parenting role to another person. During this time, the chosen party will require legal decision making capacity, which is called guardianship. Common reasons for seeking a guardian for your child include illness, serious injury, incarceration, or having to leave the country for an extended period of time. By making a close family member or friend your child’s guardian for a period of months or years, you can retain your own parental rights, and provide them the legal decision making abilities that are needed to care for a minor child while you are sick, away, or otherwise unable to care for your child. Here at The Law Office of Laura A. Olson, P.A., our Tampa guardianship attorneys can help you with the next steps in creating a guardianship for your child, or to become a guardian yourself over a minor child.
Common Reasons For Creating a Guardianship Over a Minor Child
There are countless reasons for why someone, especially single parents, might need their own parents, grandparents, sibling, or other family member or trusted friend to become their child’s guardian. While every situation is different, and your guardianship needs may not be included in the following list, below are a few of the most common reasons that parents create a guardianship for their minor child or children:
- Serious illness;
- Serious injury;
- Incapacitation (such as being in a coma);
- Having to leave the country or state for work;
- Military assignments;
- Incarceration;
- Going to rehabilitation for an addiction; and
- More.
According to the Florida Bar, if a child’s parent dies or become incapacitated, or if a child receives over $15,000 in inheritance, insurance policy claims, or as proceeds from a lawsuit then the court must appoint a guardian.
Parents can Decide a Guardian in Advance
A parent can file a written declaration with the clerk of the court if they wish to name a guardian in advance of any misfortune happening. It is also possible to name a guardian for a minor in a will. This can prevent the court from having to appoint a guardian in a situation where something unexpected suddenly changes the health of the parents such as a severe car crash. According to the Florida Statutes 744.301-744.3085, the court can also issue an Emergency Temporary Guardianship, which lasts up to 90 days. If the emergency still exists, the court can extend this type of guardianship another 90 days. Guardians can be of property or person. Sometimes the same person will act as both, but separate individuals can be appointed.
Call The Law Office of Laura A. Olson, P.A. Today
If you, as the child’s parent, wish to create a guardianship for your child, or you wish to become a guardian of your family member or friend’s child following their incapacitation, illness, injury, incarceration, or death contact The Law Office of Laura A. Olson, P.A. today to begin. Call 813-222-0888 to schedule a free consultation with one of our Tampa guardianship attorneys at once.
