WHY PEOPLE HATE LAWYERS? Why do people hate lawyers? Lawyers are sometimes accused of stalling, and getting continuances in court all the time. #GUARDIANSHIP GONE WRONG This recent case is a sad, and shocking, case involving a court-appointed #guardian who # mis-used guardianship funds. #GUARDIAN’S DUTIES A guardian is appointed to look out for, and protect, the best interests of somebody who cannot protect themselves. In Florida, we have an entire chapter of the #Florida probate code devoted to #guardianship law. Minors need #Florida guardians to look out for their property interests #incompetent persons, and those who are #incapacitated, who suffer from progressive #dementia, need #Florida guardians to protect their person and their property This is a good case which reminds us of the #fiduciary duties which a #guardian owes to the person he or she is serving: A #guardian is a #fiduciary with #fiduciary obligations a #guardian must act in the #best interests of the person you have agreed to serve a #guardian must look out for and protect that person DON’T MIS-SPEND MONEY ! a #guardian must spend that person’s money only for the benefit of that person they are protecting DON’T MISUSE MONEY ! a guardian may not #misuse guardianship money or #misspend guardianship money a guardian must provide a #guardianship accounting a guardian must avoid #conflicts of interest and #self-dealing IMPROPER GUARDIANSHIP “LOANS” AND FAILURE TO ACCOUNT In this recent case, the #guardian failed to provide accountings from 2008. The Guardian was ordered to provide an […]