5 Things To Consider in Palm Beach Guardianship Disputes

Is mother or father getting along in years and maybe, just maybe, slowing down? Perhaps you live in New York or New England or Cleveland or Detroit and mom lives in Boca Raton with a       $4 Million revocable trust.   Or dad retired to Palm Beach Gardens and has a $6 Million brokerage account.  You are worried about your inheritance and, oh yes, we should not forget, you are also worried about the care, safety, protection and well being of your parent who is living in Palm Beach County.  If a guardianship lawsuit is filed, here are 5 things to consider.

1. The best interest of the Ward rules.  That’s right, everyone should be addressing how your mom or dad, suffering from Dementia or Alzheimers, can be cared for and protected.  For you greedy family members out there, be careful: a Delray Beach probate court will see right through you.  Are you fighting with dad’s last spouse or mom’s boyfriend? Or are you really looking to make sure they get the right care?
2. Do we really need a Palm Beach guardianship?  If mom or dad had a basic Florida estate plan with a power of attorney, and revocable trust, is a guardianship even necessary?  Does the POA Florida and living Trust Boca Raton adequately address the needs of your parent?
3. Can’t we just have the living trust manage mom or dad’s money?  Why not move all of their assets into their revocable living trust and have their trustee manage their funds now? After all, it’s your parent’s trust, right? They drafted it and they created it and they chose their successor trustee, right?  Isn’t that what a revocable trust is for?  When you become incapacitated or incompetent or when you die? Use the living trust now to safeguard mom or dad’s money. And your inheritance
4. Is a professional guardian better?  If mom or dad’s closest relatives, like adult kids, live hundreds or thousands of miles away, is it realistic to have one of them be the guardian?  Consider a local, professional guardian who is respected by the probate courts of Palm Beach to serve in the fiduciary role. Remember: Florida guardians have tofile reports and accountings and have to tell the probate court judge and interested persons to the Palm Beach guardianship where all the money is, how dad or mom is doing and what they are spending the money on.
5. There will be bills. Don’t freak out.  Getting old is costly.  And I’m not just talking about home health care, health care aids and assistance, visiting nurses, meds and prescriptions and assisted living facilities.  I’m talking about a guardianship lawyer will be appointed to look out for your parent, the guardian will be paid from your parent’s funds or living trust Florida, and the guardian will have a lawyer who will also be paid from your parent’s money.  Don’t freak out.  There’s a system for a guardianship.  It’soverseen by a probate court judge who looks at who’s spending mom or dad’s money.  Trust the probate court Palm Beach. Relax.  Or let dad or mom move in with you.