Search Results: guardianship

Here’s the FIRST thing you MUST know about a Palm Beach Guardianship. Is it contested or not-contested? If it’s not-contested, probably any old guardianship lawyer will do. If it’s contested, that’s a different story. Consider finding an experienced guardianship litigation lawyer. Understanding Guardianship in 2 Easy Steps (sort of) How can you learn all about Florida guardianships quickly? First, read Florida Statutes Chapter 744, also called the Guardianship Code. These are the Florida Statutes which tell you about how a guardian is supposed to act, whether she is a fiduciary, how the legal process works and how to end a guardianship. It will also introduce you to new words and phrases. Like “incapacity”, “alleged incapacitated person”, “lesser restrictive alternatives”. And, it will tell you what to do if there is a power of attorney. Second, interview as many guardianship lawyers as you have time for. Look for those who SPECIALIZE in this area and are experts. How will you know if the Palm Beach Guardianship lawyer is an expert? You’ll know………………………….. Here is a list of questions which you may want to ask when you interview: Palm Beach Guardianship So, to learn more about Florida guardianship law, you can click on THIS LINK for free videos. No credit card, no “cookies” to accept or reject, and no personal data required. In the end, there are a LOT of lawyers in South Florida who say they “do” guardianship. Most are probably uncontested matters. If are “fighting” about whether someone is incapacitated […]

How do you find a good Palm Beach Guardianship lawyer, and, what, EXACTLY, is one? (For free, helpful videos on Florida Guardianships, click HERE.) Palm Beach Guardianship Lawyer For good or for ill, guardianship cases have exploded. If you asked me 20 years ago if I would be handling contested guardianships, I would have guessed “no.” But, now, contested guardianships are a vital and important part of the probate litigation practice at Pankauski Lazarus. And, I’m proud to say, we have built up a stellar reputation, Florida-wide. To read more about our guardianship practice, click HERE. It may assist you in determining whether you need to file for a Florida guardianship or not. Let’s discuss the “two” “main” types of Palm Beach Guardianship lawyers. Contested vs. Un-Contested Guardianships in Florida There are two types of guardianships: contested and un-contested. You don’t need me for an uncontested guardianship. That’s where everyone gets along and there are no disagreements. The truth is that there are many fine guardianship lawyers out there who do a good job. At much lower rates that a guardianship trial lawyer like me. They know Florida Guardianship Law and are effective at assisting families. But, what if you don’t agree? What if you disagree?……………………….a LOT!? Disputed Matters When parties to a Palm Beach Guardianship do not agree, we call it a “contested” guardianship. There are two things which may be contested. First, whether or not someone, the alleged incapacitated person (AIP), is competent or not competent. Do you […]

A Florida Emergency Temporary Guardianship should only last 90 days. BUT, there are special rules. There is much written about Florida Guardianship Lawyers and what litigators refer to as CONTESTED GUARDIANSHIPS. (Click that last tab for free legal videos). To learn more about ETGs, keep reading. Florida Guardianship Law Want to learn more about Florida Guardianship Law? Start with Florida Laws Chapter 744. That’s the Florida Guardianship Code. Those are statutes which tell the judges, the court, and the litigants, and their lawyers, how things run. Do you know the difference between a “mental health” case and “guardianship” or “GA” case? Do you know why you need two cases for a guardianship? (Yes, asking the court to rule that mom or dad is not competent is different than, but related to, asking a probate judge to appoint you as guardian.) Don’t forget to read the Florida Probate Code which has special rules for all probate matters. This includes estates and probates and guardianships. Finally, where is your guardianship located? Courts in Florida are divided up into judicial circuits. Judicial circuits in Florida have divisions. Each Florida Judicial Circuit has a probate division. The probate division handles guardianships. There may be more than one judge assigned to handle guardianships. That means there can be 2 or 3 divisions that your guardianship may get assigned to. Be sure to check out the Administrative Orders & local rules for your judicial circuit as well as a judge’s set of “judicial instructions.” Most can […]

Finding a good Florida guardianship lawyer should not be hard. There are, after all, dozens of so called “elder law” attorneys and “guardianship attorneys.” But if you are in a “fight” or a contested guardianship, don’t you need firepower? A guardianship trial attorney? A December 15, 2021 case lets you get up to speed very quickly on some of the most important legal principles. To see a number of FREE FLORIDA GUARDIANSHIP VIDEOS, simply click those words. What You Need to Read How can you learn the basic “legal stuff” about guardianships quickly? There are four things to read. The Florida Guardianship Code. Chapter 744 of the Florida Statutes is our Guardianship Code. That is an excellent place to start. It sets for the basic legal concepts, some procedural time frames and legal rights. Second, consider reading the Florida Probate Rules. Why? Because there are special rules for guardianships. See Part III to the Rules. I know that everyone has see the Netflix film, I Care a Lot, or have read about the Britney Spears guardianship. But in Florida, you might consider taking your cues from serious, experienced guardianship trial attorneys. Read Florida Appellate Opinions. These are written legal opinions from our District Courts of Appeal. There is a December 15, 2021 opinion from the 3rd District Court of Appeal. That court handles appeals for Miami-Dade County. Let’s see what we can learn from their opinion in the In Re: Guardianship of Ash. Florida Guardianship Lawyer — do I really […]

Everyone has read about the Britnye Spears guardianship. In Florida, which has a healthy “golden years” population, guardianships are common. And so are the expenses. Who pays for the guardianship fees Florida. And how does a family member object? We have previously provided a number of Legal Videos on Florida Guardianship. Now let’s discuss a Florida Appeals court opinion from In Re: Guardianship of Martino. This 2nd District Court of Appeal opinion was handed down July 8, 2020. Florida Guardianship Law If you want to read about Florida guardianship law, consider reading Chapter 744, Florida Statutes. That’s the Florida Guardianship Code. It explains the intent of those laws. It also sets forth rights and obligations and procedures. A Florida guardianship starts with a court filed document. Typically, two of them. You file a Petition for Determination of Incapacity when you believe that someone is in need of assistance. When they can’t handle their own affairs. You also typically file a Petition for Appointment of Guardian. If the judge agrees with you that the “alleged incapacitated person” needs assistance, she will then turn to the issue of whether a guardian is needed. And who the guardian should be. Guardianship Fees Florida If a guardianship is created, pay attention. If you are involved in the guardianship, you will get a lot of information. The court appointed guardian is required to share information with you (if you are an “interested” person. That is, if you have “standing.” ) Read the Florida Guardianship Plan. […]

Regrettably, there are a lot of “contested” guardianships. Every day, it seems, Florida Probate Judges must make difficult decisions. Guardianships have a couple of purposes. First, they determine whether someone needs assistance and protection if they are incapacitated. An aging or afflicted Florida resident may seem fine on the outside. But they may not be able, in the eyes of a judge, to exercise all their rights. They, and their property, money, may need management + protection. Second, guardianships often confirm or appoint someone to take care of that person who is vulnerable. A guardian or a Power of Attorney, or maybe a trustee for just the property. Many times, family members “fight” over who will control mom or dad. And their money. We have previously provided commentary on FLORIDA GUARDIANSHIPS. Now, let’s focus on how to fight guardianship Florida. Understanding Guardianship Law There are 4 really important things that you can read for free to understand Florida guardianship law. And learn how to fight Florida Guardianship. First, read the Guardianship Code. Chapter 744 of the Florida Statutes sets forth the law of Florida Guardianship. It can explain the TYPES of guardianships. Many times, people will file a motion or petition for EMERGENCY TEMPORARY GUARDIAN. This often upsets family members who are not given “notice” of this until a judge enters an order. There are also “plenary” guardianships. Or guardianships over just the property. Or, just the person. One of the most important rules is to file an appearance in […]

In Florida, guardianship business is booming — for good or for ill. Every week, perhaps every day, family members are asking a Florida Probate Court to declare an adult “incapacitated” or “incompetent“, remove or limit their rights and powers to act alone, and appoint a Guardian. Many times, a guardianship means that you limit access to one’s money !! We have written about “contested” Florida guardianships before, where family members duel over controlling a parent or their purse. Now, Netflix has a popular and new 2021 comedy, crime thriller called “I Care a Lot.” Will this popular streaming movie shed light on financial exploitation and financial abuse? Although it’s fiction, I Care a Lot is getting a lot of attention from people involved in Florida guardianships. I Care a Lot + Guardianships Florida guardianship law is found in Florida Statutes Chapter 744. This explains the entire Florida guardianship process. How do you start a guardianship? (file a petition). What if there is a Power of Attorney (consider lesser restrictive alternatives to a guardianship). “There’s actually two cases you need to start a Florida guardianship” says guardianship litigator John Pankauski. “You file a mental health case which suggests that a Florida resident is not competent and needs some protection and assistance” says Pankauski. “Then, who is going to provide that protection and assistance? You need a guardianship matter.” Pankauski should know. He leads a boutique law firm in Palm Beach which restricts its practice to so-called “probate litigation” which typically means […]

The conservatorship of Britney Spears is in the news again. You may have read some of our blogs on Britney Spears and Florida guardianships in the past. After all, Pankauski Lazarus is one of the few boutique litigation law firms that restricts its practice to Florida guardianship trials. Let’s discuss a very recent update on the guardianship of Britney Spears, first reported in the New York Times. ( February 9, 2021: Britney Spears Conservatorship Case Heads Back to Court). Why do Florida families care about the Britney Spears Guardianship? What if Britney Spears Guardianship Was in Florida? Some states refer to an adult guardianship as a “conservatorship.” In Florida, most probate divisions of the Circuit Courts exclusively handle all guardianships. And, remember, Florida guardianships are not just for minors or those people who are under 18. “For good or for ill, guardianship lawsuits have increased in the 25+ years that I’ve been admitted to practice law in Florida.” says John Pankauski, Managing Member of Pankauski Lazarus, a boutique guardianship and probate litigation law firm. Well if the Britney Spears Guardianship was in Florida and not California, the Florida Guardianship Code would apply. Changing Your Guardian in the Guardianship Court In Florida, the “guardianship court” is actually the Probate Division of the judicial circuit where the alleged incapacitated person, or “ward”, resides. Probate courts have exclusive jurisdiction over Florida estates, Florida guardianships and most of the time Florida trusts. In the case of the Britney Spears Guardianship, Ms. Spears wants to […]

Are you involved in Miami guardianship litigation? Are you a family member trying to become the guardian or prevent someone from being guardian? If you understand the difference between an “elder law attorney” and a serious guardianship trial lawyer, you are on your way to understanding Florida guardianship law! http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744.html Adult Guardianships in Miami-Dade At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When people hear the word ” guardianship”, they tend to think of minors. However, our firm handles guardianships over adults, not minors. Adult guardianships in Florida are frequently filed by friends or family. Sometimes they believe that someone is incapacitated and can’t care for him or herself. For example, a daughter may choose to file for guardianship of her mom who is struggling from severe Alzheimer’s or dementia. In certain circumstances, adults may be deemed incompetent, or in need of a guardian. Sometimes a disability or mental illness is preventing them from being able to carry out daily life tasks and/or make financial decisions. Miami guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Dade County or anywhere in Florida, you should refer to this chapter of the Florida Statutes. You should also consider interviewing an experienced Miami guardianship lawyer. Contested Guardianships There are different types of adult guardianships in Florida. Your Florida lawyer can tell you that there are limited guardianships and plenary guardianships. A limited guardianship allows a guardian to handle only […]

If I am subject of a guardianship in Miami, does that mean I do not have the right to make any decisions for myself? Miami guardianship litigation is serious business and it’s booming !! (for good or for ill, right?) What rights can a guardianship take away from a person deemed incapacitated in Florida? What is a ward in a Florida guardianship? All of these are good and serious questions which experienced Guardianship Litigators deal with in court every day. Can a ward get married? Can a ward vote? Can a ward hire his or her own attorney? Guardianships are serious as certain rights can be taken away from a person deemed incapacitated. If you are considering petitioning for guardianship over someone, you may want to read Florida Statute 744.3215. Florida Guardianship Law 744.3215 This Florida statute is very important as it outlines the rights a person determined incapacitated retains and which rights can be removed. Here are rights that can be removed by a guardianship court in Florida: 1) right to marry 2) right to enter into a contract 3) right to vote 4) right to personally apply for government benefits 5) right to have a driver license 6) right to travel 7) right to seek or retain employment 4) right to sue and defend lawsuits 5) right to manage property or to make any gift or disposition of property 6) right to determine his or her residence 7) right to consent to medical and mental health treatment 8) right make […]