Guardianship of Minors

Florida guardianship attorney Randy A. Bryant understands the unique concerns that come with addressing the guardianship needs of minors. With over a decade of experience, Randy A. Bryant recognizes the emotional difficulties that can accompany assigning a minor a guardian, and can help guide you through this process while working to protect the rights of the child involved.

Guardianship for minors typically arises in two circumstances. First, a child may require a guardian after the death of one or both parents, or if the state has deemed his or her parents unfit. Second, Florida law requires that a guardian also be appointed for a minor child when a child receives an inheritance or the proceeds of a lawsuit or insurance policy that is in excess of a statutorily determined amount.

Where the parents of a child have passed away or have been deemed unfit for parenting, the Florida guardianship courts may appoint a guardian of person and property for a minor child. As with guardianship of incapacitated individuals, family members have strong preference in guardianship of a child. However, parents are also strongly encouraged to complete a pre-need guardian directive. This directive allows parents to name someone to act as guardian for their children should the need arise, and avoids a lengthy guardianship process. If you have children and have not yet named a pre-need guardian for them, you should contact a qualified Florida guardianship attorney in order to do so.

Under Florida law, when minors receive more than a statutorily determined amount through a settlement, these funds must be placed in a guardianship account, even if the child’s parents are living and take legal responsibility for the child. The purpose of this guardianship account is to protect the money received by the child from use by another individual, including family members. Under a guardianship account, a bank is prohibited from distributing money in the account unless ordered by the court. If money is withdrawn from the account without approval by the court, the bank is required to refund the money and may pursue action against the individual who withdrew it. In addition the guardianship account itself, the court will also appoint a guardian to monitor the account. This guardian must file annual reports regarding the account. When the child comes of age, responsibility and access to the account are transferred to him or her.

If you are a parent who needs to appoint a guardian for your children in preparation for the future, or are a family member who would like to petition for the appointment of a guardian for a related child, Miami guardianship lawyer Randy A. Bryant is available to assist you. For over a decade, the Bryant Law Firm has worked to give parents and family members the confidence that the rights and best interests of their minor children will be protected. We understand the special concerns and emotions that can accompany child guardianship proceedings, and are committed to providing you with the guidance and advocacy you deserve. To schedule a free consultation to discuss your guardianship matters, call us at 305.456.2777, or contact us online.