Adult guardianships are primarily initiated in two very common, but very different situations and Bryan R. Ramos, PLLC has deep experience in both. The first situation occurs when elderly individuals are losing the ability to care for themselves due to age or some kind of medical diagnosis (Alzheimer’s, dementia, or some kind of mental infirmity). The second situation occurs in families with special needs children. These children have always required assistance from a parent or caregiver, especially with regard to medical treatment. If these children turn 18, HIPPA laws require that a guardianship is established so that the parents and/or caregivers can continue to attend medical visits, obtain medical information, and consent to medical treatment on the child’s behalf. In these situations, a determination of capacity can be initiated  as soon as 6 months prior to the child’s eighteenth birthday. In both situations, the process in Miami-Dade County is similar to that of the rest of Florida: information is collected, petitions are filed, applications are submitted, fingerprints are collected, guardian courses are completed, and a determination is made by the presiding judge as to the appointment of a particular guardian.