Search Results: guardianships

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 […]

Are you involved in a Miami guardianship proceeding? Florida Adult Guardianships seem to be on the rise. Many family members not only file for guardianship for a mother or father. They also sometimes fight over who will be in charge. Probate Judges always appoint a lawyer to represent the person who is the subject of a guardianship. But what if you want a different lawyer? We have provided thoughtful free commentary on Florida Guardianship Law, as well as the Netflix show I Care A Lot and even Britney Spears. Now, let’s talk about Florida Adult Guardianships in Miami. After all, Guardianships are not just for minors. Miami Guardianships At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children of the elderly file a guardianship to protect their mom or dad. Maybe they are suffering from dementia or Alzheimers. Or, sometimes it’s more subtle. They are just slowing down. And they need some help. And, their property needs some management and protection. To read about financial exploitation or elder abuse, CLICK HERE. To see a FREE VIDEO on financial exploitation of the elderly, CLICK THIS LINK. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. Occasionally, parents of adult children may file a Florida guardianships if the adult child is unable to handle his or her needs. Florida guardianship lawyers know that guardianship […]

What is a health care surrogate? What is a power of attorney (POA)? How is a health care surrogate different than a guardian? When may Florida litigation regarding a health care surrogate occur? What decisions can a health care surrogate make? Florida Adult Guardianships At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children or friends of the elderly file a guardianship to protect someone who is suffering from dementia or Alzheimer’s. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. In Florida, guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in West Palm Beach, or anywhere in Florida, you should refer to this chapter. You should also consider interviewing an experienced guardianship litigation lawyer who can answer your questions and properly file petitions on your behalf. Guardianships and Lesser Restrictive Alternatives Florida guardianship courts take guardianship proceedings very seriously because these proceedings can result in a ward’s rights being taken away. The “ward” is the person subject to the guardianship who has been determined to be incompetent or incapacitated. Guardianship lawyers know that, even if somebody is deemed incapacitated by a probate court judge in Florida, the court may not appoint a guardian if there’s a lesser restrictive alternative that adequately addresses the incapacitated person’s needs. Therefore, you may be able to […]

Are you the beneficiary of a Florida estate facing complicated legal issues? Have you been named the beneficiary in a Florida will but have still not received an inheritance after many years of estate proceedings? Are you worried that the personal representative of a Florida estate is not properly administering the estate? What does the Florida guardianship court have to do with probate litigation? Florida Inheritance Disputes and Recent Cases A January 8, 2020 article in The Washington Post Magazine discusses an artist named Purvis Young and the probate battles that the beneficiaries of his estate have encountered. Young did not have a spouse or any children. He named his friend Eddie Mae Lovest and 12 of her daughters and grandchildren as the main beneficiaries of his will.  His estate did not consist of much cash but, according to the article, there were 1,884 pieces of art. It makes sense that the beneficiaries thought the art would be sold and that they would inherit the sale money. However, like many Florida estate proceedings, it got a lot more complicated. Artist Purvis Young’s Florida Estate Young passed away back in 2010, yet estate proceedings still continue. West Palm Beach probate litigators know that inheritance battles can get pretty complicated. Here, there has been litigation not only regarding Young’s estate but also regarding the guardianship that Young was subject to prior to his death. Young’s guardian, David Mangiero, became the personal representative of Young’s estate. As personal representative, he is tasked with […]

Are there different types of guardianships in Florida? What are they? What should my probate litigator know about the different types? What is a limited guardianship? What is a plenary guardianship?

If I am subject to a guardianship in West Palm Beach, can I still get married? What is an adult guardianship? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion. Florida Guardianships Probate lawyers know that, when we talk about guardianships in Florida, we’re not talking about guardians for minors. Instead, we are talking about guardianships for adults. Adults may be subject to a guardianship if they become incapacitated and unable to care for themselves. Oftentimes, family members file for a guardianship over a loved one in order to ensure that the loved one is being properly cared for. A Florida guardianship proceeding is initiated by the filing of a petition with a probate court. This petition explains that the person you are seeking a guardian for is incapacitated and needs some protection, or rights taken away. There is then a process to determine whether the person is incapacitated. The court also considers whether there is a lesser restrictive alternative to a guardianship that adequately addresses the person’s needs. For example, if a person has a power of attorney and a revocable trust, he or she may not need a guardian. Florida Guardianship Litigation At Pankauski Hauser, guardianship matters have become a very large part of our probate practice. This is because guardianship litigation in Florida is becoming more and more frequent. Guardianship litigation […]

Adult guardianships in Florida. What are they and do you need one? When we talk about guardianships in Florida, we’re not talking about guardians for minors, we’re talking about adult persons who may or may not have their rights taken away because they need some assistance, they need some protection. In Florida, guardianship law is governed by chapter 744. It’s our guardianship code, you can read it free online. But a guardianship for an adult is initiated by the filing of a petition with a probate court that says, “This person is incapacitated. Judge, you need to remove some of those person’s rights, you need to take them away, they need some protection, they’re incapacitated and they need a guardian.” But remember, even if somebody is deemed to be incapacitated by a Probate Court judge in Florida, they may not need a guardian if there’s a lesser restrictive alternative that adequately addresses their needs. A power of attorney and a revocable trust may be the answer to that.

What is a guardianship? When is a guardianship necessary? Can an Orlando guardianship help to protect my mother who has dementia? Guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida Guardianship Law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?

If someone is the subject of a guardianship in Orlando, can they get married? Can a Ward get married? Is the right to marry taken away if you are deemed incompetent by a probate court?  Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?

What does a Florida guardianship have to do with a marriage or a marriage annulment? Can a Ward get married? Can the court take away a Ward’s right to marry in Orland? What does it mean if a Ward’s right to marry is “subject to court approval”? What happens if a Ward marries without getting permission from the court? You should read Smith v. Smith.