Can you avoid a Florida guardianship with a power of attorney? POA Florida case stopped a guardianship appointment

Are you trying to avoid a relative appointing a guardian in  West Palm Beach? Did you know the West Palm Beach probate courts have to first address if there is an alternative to guardianship? If there is an alternative that is sufficient the probate court cannot appoint a guardian. In this recent appeal the Fourth District Court of Appeal found that the trial court lacked jurisdiction to appoint a professional guardian when it had previously found that the wards wife had a sufficient substitute with a power of attorney.

Palm Beach Guardianship

• What do you know about West Palm Beach guardianship and how it works?
• In West Palm Beach a guardian is appointed to look over a ward who is declared incompetent.
• A potential ward is entitled to due process, which means an expert will examine them and a judge will have to determine whether or not guardianship is proper.
• Under the law as it is currently written though you may be able to substitute guardianship with a less restrictive alternative if it can get the job done.
• The judge will determine that though.
• A guardian may not be appointed if there is an alternative to guardianship, which will address the problems of the incapacitated person.
• What alternatives are there?

What is a Power of Attorney?

• A power of attorney may act as a proper substitute for guardianship.
• What is the difference?
• A power of attorney is signed by the party who would become a ward but they do so voluntarily while often times a guardianship proceeding is done against their will.
• Do you have a power of attorney that may act as a proper substitute to guardianship?
• Experienced West Palm Beach probate attorneys draft these agreements to stand up against the tests judges throw at them.
• Is your power of attorney strong enough to stand up?

Adelman v. Elfenbein

• This was an interesting guardianship appeal from the Broward County Judicial Circuit.
• A man had made his wife his guardian and his niece tried to get a professional guardian appointed.
• A hearing was held and it was found that the power of attorney was a sufficient substitute in this case and nothing else was really done on the case until months later when the niece tried to reopen the case.
• For some reason the court then flip flopped and found that a professional guardian was proper but on appeal the Fourth District Court of Appeal held the Court had no such authority.

Want to learn more about guardianship and power of attorneys in West Palm Beach?

Check out the entire case by clicking here.