According to a May 23, 2016 Forbes article, guardianships may not always be safe. What if the person who is appointed to be the guardian of your incapacitated mother is taking advantage of her, physically or financially? How do you know that the court appointed guardian of your father is going to work in the best interest of him? Guardianships are becoming more and more popular as people are living longer lives. Filing to be the guardian of your vulnerable mother with Alzheimer’s is definitely a way to insure that she is protected. The probate courts in Florida try to do what is best for the ward when appointing a guardian. However, sometimes, people become guardians for the wrong reasons. Furthermore, unfortunately, there have been cases of court appointed guardians financially exploiting and stealing from the ward.

What is financial exploitation of the elderly? What is elderly abuse? How can a guardianship attorney help with these types of cases? How can I protect my elderly dad from being financially exploited? Recently, the media reported about a case of elder abuse that occurred in North Carolina. This case involved a caretaker taking advantage of the elderly person she was paid to assist.

What is a durable power of attorney in Florida? Can it allow me to avoid a guardianship in Florida? Should I create a Florida estate plan in case I become incompetent? What is the difference between a guardianship and a power of attorney?

On November 1, 2016, Pankauski Hauser PLLC partner Rob Hauser argued before the Florida Supreme Court. Rob is Board Certified by the Florida Bar in Appellate Law. In addition to handling dozens of appeals for Pankauski Hauser PLLC, Rob is an outstanding resource for probate, family law, and trial attorneys, both during a trial and on appeal.  

On December 1, 2016, the Daily Mail reported that Prince’s estate is estimated to be worth at least $200 million. Recent court filings suggest this amount. However, probate lawyers know that the actual amount could be a lot higher. What will end up happening with Prince’s estate worth $200 million or more? Who will inherit? What does dying intestate mean?

In 2014, Tamir Rice was shot by the police in Cleveland. He was only twelve years old. Police were responding to a call about a guy with a gun. Not realizing that Tamir was playing with an airsoft gun, they shot and killed him. On November 30, 2016, a Cuyahoga County Probate Court judge approved a $6 million dollar settlement between the city and the victim’s family. Frequently, wrongful death cases and probate cases coincide.

Probate and Guardianship lawyers know that financial exploitation of the elderly is, unfortunately, happening throughout South Florida. There are both civil and criminal remedies for Financial Exploitation in Florida. Financial Exploitation is taken very seriously in Palm Beach courts. It is important to be aware of financial exploitation so that it doesn’t happen to you, or a loved one who may be suffering from Alzheimer’s or Dementia. Many times, the elderly are exploited by someone who is close to them and that they trust. That person may have a fiduciary duty with the victim or even be a family member.  What is a fiduciary duty? Does a financial advisor have a fiduciary duty to his client?

A Palm Beach trustee has a present and ongoing duty to provide relevant information about the trust, and a trustee’s actions, to each beneficiary. What does this mean? Can I sue a trustee if they do not provide me, as a beneficiary, with a proper accounting? What if the trustee of my parent’s Florida trust is not doing their job properly?

According to a recent Sun Sentinel article, 3,041 Adult Protective Services cases were investigated from April 2015-March 2016 in Palm Beach County. 588 of these cases were financial exploitation cases. Financial exploitation of the elderly is more common than you think throughout South Florida. It is important to be aware of these issues in case someone tries to take advantage of your parent who has Alzheimer’s or Dementia.

John Pankauski, managing partner at Pankauski Hauser PLLC, will be hosting a FREE webinar on December 1, 2016 at 12 p.m. Advising the Estate Planning & Probate Attorney, is a two + hour ethics CLE course. It is designed for Florida attorneys who prepare estate plans, draft wills and trusts, and administer estates.  Florida estate planning attorneys are eligible for 2.5 ethics credits/2.5 general credits/2.5 wills, trusts, and estates credits.