Abacoa & Alton Neighbors August 2020

8 Abacoa &Alton N E I G H B O R S | A u g u s t 2 0 2 0 A guardian is an individual who cares for someone, often a minor child, who needs special protection. Parents can nominate a guardian in their will, but a court must confirm and officially appoint the guardian after both parents have passed away. Sometimes the need for a guardian arises when the parents are still alive. For example, if the parents become very ill or are unable to care for the child for some other reason, a court can appoint a person nominated by the parents. If a guardian has not been nominated, the court will appoint a person it believes will act in the child’s best interests, often a family member or friend who is familiar with the child. A guardianship is an important responsibility—and privilege—that should not be undertaken lightly. Below are a few of the factors you should consider if someone has asked you to assume the role of guardian. What Are a Guardian’s Responsibilities? The guardianship statutes set forth a guardian’s duties, responsibilities, and powers. Guardians are considered fiduciaries and therefore have a general duty to act in the child’s best interests at all times. A guardian’s specific responsibilities are similar to those of parents: • provide food, clothing, and a place for the child to live (either with the guardian or another caretaker) • receive and maintain money owed to the child for care or support • apply for government benefits • bring a lawsuit on the child’s behalf, if necessary • maintain, account for, and preserve any funds exceeding the amount needed for the child’s support • maintain the child’s personal property • ensure that the child receives a proper education • authorize medical care needed for the child’s health and well-being • report to the Court for the care plan and funds of the guardianship NOTE: A guardian is not legally obligated to provide for the child from the guardian’s own funds. In addition, a guardian must obtain court approval for certain actions—for example, changing the child’s place of residence to another state. How Long Does a Guardianship Last? Certain events typically end a guardianship. A guardianship of a minor child ends when the child reaches the age of eighteen in Florida. A guardianship of a child also terminates if the child passes away. If the guardianship is no longer needed—for example, if a parent becomes available to care for the child—the court may remove the guardian. If a guardian is no longer able to serve, the guardian must file a petition to resign, and the court will appoint a replacement guardian—optimally, an alternate or successor guardian nominated by the child’s parent. Is a Guardianship the Same as an Adoption? No. Unlike an adoption, in which a child’s parents permanently relinquish all parental rights and obligations, HELP! I’ve Been Named as a Guardian. What Do I Do? Submitted by Anné Desormier-Cartwright JD EXPERT CONTRIBUTOR Thank you to our healthcare professionals, first responders, teachers and other essential workers for your tireless work during this time. Jennifer Ponzini is a Licensed Associate Real Estate Broker affiliated with Compass. Compass is a licensed real estate broker and abides by equal housing opportunity laws. Jennifer Ponzini 631.207.5820 jponzini@compass.com Duly-Licensed in NY and FL Your Alton Neighbor. Your Hamptons Expert.