Guardianship

When an individual lacks appropriate estate plans prior to becoming incapacitated or in various situations pertaining to minors, the necessity may occur for the court to establish supervised guardianship. Guardianship exists to provide caregivers with the power to make binding legal decisions on behalf of the minor or incapacitated individual.

Since 1983, Benjamin J. Cox has guided families of incapacitated loved ones or minors through the complicated and sensitive court-supervised guardianship process.

Is Guardianship appropriate in your situation?

Court-supervised guardianship may be appropriate in a situation when:

An individual has become incapacitated - meaning that he or she can no longer make or express safe decisions regarding his or her property or person. The individual may be failing to pay bills, frequently misplacing or losing money, forgetting important appointments, driving unsafely, or displaying unusually paranoid or angry behavior.â€¨
An individual has become a target for undue influence or fraud based on their perceived inability to recognize scams due to dementia or Alzheimer's disease.â€¨
A minor is the recipient of a financial settlement exceeding $15,000 as a result of an injury, damage, or wrongful death claim.

The Law office of Benjamin J. Cox is dedicated to providing guidance through each phase of the guardianship process beginning with the incapacity determination phase, followed by the guardianship legal proceedings and the establishment of temporary emergency guardianship.

Mr. Cox offers legal representation in various types of guardianship proceedings including:

Limited guardianship
Plenary guardianship
Standby guardianship
Minor guardianship
Pre-need guardianship
Emergency temporary guardianship

Contact Cox Law Firm today at (352) 343-0091 or use our online contact form to request more information or to schedule an appointment regarding guardianship issues.

Take the first step.

You don’t have to do this alone.

If you need help getting through the divorce, custody or support process, then contact the offices of Benjamin J. Cox and we will be glad to help.

Or, you can call our office at (352) 343-0091.

Or, you can stop by our office in downtown Tavares, just steps from the Lake County Courthouse.

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Regarding the Marital Residence in a Divorce

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Divorcing parties often consider the possibility of one party buying out the other’s one-half ownership interest in their marital home. However, I always raise a few “what ifs” if my client is the one contemplating the option of being bought out:

Contested Divorce or Uncontested Divorce?

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People often ask me what I charge for a divorce that is “uncontested”. My initial questions are to establish whether they truly have an uncontested divorce case. If they have children, they will sometimes tell me they have agreed to a 50/50 timesharing (formerly called custody). I then ask whether they have discussed what will be paid in monthly child support, very often they respond with, “neither of us will pay child support to the other”. My follow-up question is, “ok, so do you both make the same amount of money?” Usually, I will get a response such as well no, he/she earns a lot more than me. When one party earns significantly more, the parent with the greater income will normally have to pay some amount of support to the other. Of course, people have often not considered the issue of income disparity and believe the 50/50 time-sharing arrangement precludes one party from having to pay the other any child-support.