Guardianship

Panama City Guardianship Lawyer

Need legal help with a guardianship issue in estate planning?

The issue of guardianship may arise in estate planning as a needed legal protection for a person who is partially or fully incapable of handling his or her own affairs. If you need legal guidance and representation in the matter of a guardianship in or around Panama City, you can turn to my firm, Max W. McCord III, Attorney at Law a full-service estate planning, probate, and estate tax law firm. I have years of experience in providing effective legal counsel and resolving all issues related to both taxable and non-taxable estates.

When a Guardianship is Needed

A guardianship for an adult can only be granted through a petition to the court. A guardianship is for those individuals who may need someone to manage their basic needs, from food, housing, and health care to their financial matters due to their partial or full incapacity. These individuals may suffer from a physical or mental disability that hinders their ability to care for themselves. As a result, they may face potential harm or loss and have no one who has the legal authority to act in their best interests.

In some cases, a person may need a temporary guardian after a medical emergency, such as a serious injury in some type of accident or due to a sudden illness. In these cases, the court can appoint a guardian on an emergency basis until the person's health is restored and he or she can then make decisions and regain independent control.

A guardian's duty is to the permanently or temporarily incapacitated person. His or her best interests must be served. The guardian will make decisions about the personal and / or financial aspects of the person's life, always with the view in mind of what that person would have wished as well as his or her previously established values. The courts will generally supervise the guardian as to his or her actions through an initial review and through yearly reviews to ensure that the incapacitated person is being served well.

Contact My Firm

Once I am familiarized with the particulars of your situation, I can advise you on what needs to be done and how to proceed to achieve the best resolution.

If you need legal help concerning any aspect of a guardianship, please contact my firm to arrange for a consultation so that we can discuss the matter. 

 

FREQUENTLY ASKED QUESTIONS

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  • What are some of the benefits of conducting business through a legal entity?

    One of the most important benefits is the protection of your personal assets against the claims of creditors. Generally speaking, directors, officers, managers, members, and stockholders (the interested parties) are not held personally liable for the debts and obligations of the business entity. The interested parties should be limited in their personal liability to the amount invested in the company. Another legal benefit is the transferability of ownership, which can be done either in whole or in part. Also, some estate tax planning options are only available to business entities. Retirement funds, such as 401ks may be established more easily. Also, a business entity can acquire and establish its own credit rating.

  • What are some of the mistakes people make when going into business?
    There are always risks involved in going into business. As most people know, a majority of small businesses do not succeed in the long run. Mistakes of new business owners may include the lack of a realistic business plan, underestimating costs and tax liabilities, and unfavorable business contracts/agreements. Even more problematic is a failure to understand the business or the marketplace, underestimating the competition, and/or not being effective at managing a business. Responsibility for these latter areas ultimately falls to the owners, but sound legal advice can substantially improve the chances of success.
  • How can I be protected from liability claims that arise from my business?

    Generally speaking, business owners doing business as limited liability companies, corporations, or limited partnerships do not have personal liability for the obligations or debts of the business. This assumes that no personal guarantees have been executed. If the business has been properly created, it is a separate legal entity. The details of formation are important, and the filing fees must be paid. If properly created and maintained, the assets owned by the business should be the only ones that are subject to debt or other liability considerations.