Legal Planning for
the Future
Do You Know about the Most Common Legal Ways of Protecting a Person
with a Developmental Disability?
Gaining Knowledge can give
you the Power to Act!
The
decision to seek guardianship for your family member is a matter that
should be weighed very seriously. Two questions should be asked: 1)
Is guardianship the only way to protect my loved one's rights? and,
2) If it is necessary, what is the least restrictive form of guardianship
we can use?
Parents
and families are usually concerned about a loved one's health and safety
when they consider the need to take legal action to protect rights.
Historically, the disability system has encouraged guardianship as a
legal necessity for individuals with developmental disabilities.
Certainly,
there are some individuals for whom guardianship is the only viable
option for protection. But for other adults, especially those who have
family and friends involved in their lives, guardianship may not be
necessary. In some cases, for instance, help with evaluating options
may be all that is needed for a person to make informed decisions. This
is particularly true for those individuals who recognize their need
for advice, information and reassurance; guardianship here may be overkill.
In
this section you will find information about guardianship and about
some less stringent options for protection. While guardianship can be
reversed for good reason, it is not readily accomplished. That is why
it should be approached carefully and with full information about alternatives.
When guardianship is deemed appropriate, the least restrictive form
that will allow the individual to retain some decision-making rights
should be used.
In
this section you will learn about various forms of guardianship, some
alternatives to guardianship, and health care legal issues that pertain
to your family member. You will also learn about the legal steps an
expert attorney can take to safeguard your loved one's rights, now and
in the future. Some families have begun this process, others have yet
to take the first step. Regardless of your status, this is a good time
to review the information here, and determine if any legal steps remain
to be taken.
Not
all attorneys-even elder law specialists-are familiar with and knowledgeable
about the unique aspects of disability law in Florida. It takes dedication
and years of experience to develop the skills and knowledge needed to
craft the properly-worded legal instruments appropriate for your loved
one and your family's circumstances.
As
a parent/family caregiver, there are steps you can take and tools you
can use to learn more about protecting those areas of your family member's
life where he/she is vulnerable.
So
don't let fear and lack of information keep you powerless.
Gain
the knowledge you need, choose your best option and take action!
Click
Here to Begin!
DISCLAIMER
STATEMENT: The information here is not meant to substitute for the advice
of a knowledgeable attorney. It is strictly for information, to make
you aware of some forms of legal protection available in Florida.
