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Yearly Archives: 2025

Why Start a Guardianship?

FAQs Jan 5, 2025
post about Why Start a Guardianship?

Why would anyone “file for guardianship” in Florida? Here are the 5 reasons which you need to consider on why start a guardianship. Why start a guardianship? Let’s first assume that you understand the procedure for how to start a guardianship. If you are not sure, consider three options, first. One, read the “how’s” by clicking THIS LINK. That link provides free Florida guardianship legal commentary. No charge. No signups. No emails. 2nd, consider reading the Florida Guardianship Code found online for free at Chapter 744 of the Florida Statutes. Or, click this free link that will take you online directly to those laws. 3rd — to see some free Florida guardianship videos, simply click this link. Again: no emails, no signup, no one will ask you for an email or to join anything. You will obtain perspective very quickly and the legal videos on Florida guardianship are separated by topic. So you can scroll through them and watch what you want — and not see what you don’t want. With that said, now, let’s discuss WHY start a guardianship. With that brief introduction to Florida guardianship, let’s get to the meat of the coconut. The Golden Rules and Platinum Results Everyone who hires a guardianship litigator wants a “lion”, not a “cub.” Alpha Dog or pussy cat? Right? May sound “un-professional” or overly simplistic. But that’s reality. …hope you are getting the platinum results which you want and may deserve. To try to understand that…………… start below….. If you […]

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How to Start a Guardianship

FAQs Jan 5, 2025
post about How to Start a Guardianship

Here are the 4 things which you need to know on how to start a guardianship in Florida. All you need to know about how to start a guardianship in Florida First, most (…………………..OK… a lot of……………….) guardianship law in Florida is in the code. A set of laws or statutes. See Chapter 744 and read to your heart’s content. You will candidly be surprised how much you can learn in one hour about how to start a guardianship. What’s good about this chapter is that it also explains the procedure. Two, you have to file two petitions. One petition says “hey… I think someone can’t make their own decisions. They need assistance.” This is often referred to as a petition for incapacity. It’s serious stuff. The Petitioner is notifying the Court that someone needs assistance and protection. That they may be vulnerable. And… that they cannot, or should not, exercise certain rights. The second petition is a petition for appointment of guardian. A guardian may make ALL the decisions for the person. Or only some. Who decides what rights get taken away? The probate judge handling your guardianship trial. Power of attorney, health care proxies and trusts And the guardian may make decisions for the “person”….like personal decisions. Your social environment, where you live, who you see or don’t see, your health care decisions. Or, the guardian may be for one’s property. Who pays the bills, invests the money, spends or (not spending) the person’s money. What do to […]

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What is an interested person?

FAQs Jan 5, 2025
post about What is an interested person?

Only an interested person may get involved in a Florida guardianship or estate. Are you in or out? Can you get the “keys” to the “courthouse door?” Or is someone preventing you from speaking out? Here is your “last and final“, “all-you-need-to-know” comprehensive commentary about what is an interested person. What are you doing here? Not everyone can participate in a Florida guardianship or probate. You need some connection. Some interest at stake: inheritance, rights, money, property ? After all, let’s say that you and your spouse are going through a divorce. Can I come in to your lawsuit or proceeding and start filing motions ? How about a stranger’s breach of contract case? Of course not. I have no “standing“. I have no right to participate in a legal proceeding that has nothing to do with me. Now, “standing” is different than an “indispensable party“. If someone files a lawsuit and does not join all indispensable parties, the suit could be dismissed. When we talk about Florida probate and guardianships, what is an interested person? ” I want a say in this estate ! …. “ Well, whether one can participate in a guardianship or estate proceeding ( a Florida probate) turns on whether you are an interested person. Whether you have a sufficient legal or financial interest in the proceeding to be allowed to be heard, to participate and to ask a probate judge for relief or assistance. This legal commentary will tell you what you need to […]

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