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How Can a Puerto Rico Probate Attorney Help?

Electing a guardian may ensure that your children or incapacitated loved one is cared for by someone you trust if you should die unexpectedly. When you prepare for probate by creating a will or estate plan, you may choose someone whom you believe is financially, emotionally, physically, and mentally willing and able to care for your loved ones. As long as the court deems this person satisfactory, the person you elected will become your children or disabled loved one's guardian. If an estate plan or will is not created before your untimely death, and your spouse is unable to care for your relatives, the Puerto Rican court system will determine a guardian for your loved ones. This guardian may be a person that you know, a stranger, or an organization that the court trusts to care for your children or disabled relative. If you wish to elect a guardian, you may contact our probate lawyer in Puerto Rico at our firm.

Types of Puerto Rican Guardianships

Children require guardians when their parents are unable to make decisions in regards to their wellbeing and care. When a parent elects a guardian for their children in a will, the court will assess the elected person, and determine if the guardian will act in the children's best interests. If the court approves of the elected person, they will become the children's guardian. Similar rules apply for guardianship of a person, which is for those who have certain disabilities and cannot make personal care decisions. When their original parent or guardian becomes unable to care for the incapacitated person, the court will either choose a guardian, or appoint the person the parent or original guardian selected.

Guardians of an estate are appointed when a child or disabled person inherits or owns property that they are unable to manage. The estate guardian will manage the person or child's finances and accounts, but they are not in charge of taking care of the disabled person or child. An estate guardianship may end when the child reaches legal age, or when the court determines the guardian is no longer needed. Limited guardianship is when a person is chosen to manage or care for a person in a limited capacity, and the guardian only has certain responsibilities determined by the court or deceased parent. Every limited guardianship situation is completely individualistic, and depends on the type of assistance a disabled person requires.

San Juan Estate Planning Lawyer

It may be impossible to foresee a situation where your children or incapacitated loved ones are not in your care, but unfortunately, it may happen. It is in your loved ones' best interests to elect a guardian, so the Puerto Rican court does not choose a person on your behalf of which you may not approve. If are caring for minor children or a disabled person, please contact our office to elect a guardian and incorporate guardianship into your estate plan.

Law Office of Sylvia C. Lugo-Sotomayor - Probate Attorney in Puerto Rico
# 7 Bayamon Street,
San Juan PR 00918
Phone: (787) 390-9140

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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