1-561-514-0900 FREE CONSULTATION

Does My Aging Mom or Dad Really Need a Guardian?

Uncategorized • Jul 19, 2016
post about Does My Aging Mom or Dad Really Need a Guardian?

Is someone you love the subject of a Florida guardianship matter? Are you looking to contest a guardianship in Florida probate court? When is a guardianship necessary? How can I appeal a guardianship? Do I need help from a Florida probate litigator? How do I protect my parents from being subjected to a guardianship when they dont really need to be?

Florida Guardianship and Estate Litigation Lawyers

  • In Florida, guardianship litigation is booming.
  • However, the topic of guardianship is a very controversial one, and many horror stories are being revealed.
  • What can be done to better guardianship in Florida?
  • In addition, probate attorney’s Boca Raton know that issues can arise when someone issubject to a Florida guardianship.
  • Families frequently disagree on who should become the guardian of a loved one.
  • In addition, people subject to a guardianship can argue that they shouldn’t be.
  • How can a Florida guardianship attorney West Palm Beach help me with these issues?
  • A family member can file a Florida guardianship for an adult, like your sister who suffers from Alzheimers or dementia.
  • How do I file for guardianship of my incapacitated relative?
  • First, you need to file a petition to determine incapacity in the probate court.
  • This petition should allege that the person subject to the guardianship needs assistance in order to be protected and that person is incapable of making is or her own decisions.
  • What if I am the one subject to a guardianship and I want to contest it?
  • How do I appeal Florida guardianship matters?
  • The probate rules in Florida regarding appeals are complicated and unique.
  • Therefore, a guardianship lawyer West Palm Beach, with comprehensive understanding of guardianship and estate law, should be consulted.
  • On April 12, 2016, Fox 26 News reported about an elderly lady in Houston who is in a guardianship program but, perhaps, shouldn’t be.

“Elderly woman held in guardianship”

  • Although this is not a Florida report, the Florida probate court frequently hears similar stories.
  • Elderly people are vulnerable and can sometimes become subject to guardianship when they may not need to be.
  • Here, an elderly lady was placed in a county guardianship program after she was “declared unfit to live alone.”
  • This all happened after this woman contacted her doctor about a headache, which ended up being a stroke.
  • She ended up in this program because she was said to have “dementia and her home was in disrepair”.
  • She didn’t get to live with her niece, who volunteered to be her guardian, because there were affidavits from family members saying that other families robbed her and had random people in her house.
  • Therefore, they believed that being in the guardianship program would be best for her.
  • Should she not be allowed to live at her house ,or with a family member, simply because a few people believe that she would be safer in a county guardianship program?
  • What if those family members simply did not want to deal with her anymore?
  • Was her being hospitalized for what she thought was a headache enough to deem her “unfit to live alone”?
  • Is she really incapacitated?

Click here to read the entire article.

Want to know more about Florida probate litigation? Consider these free resources: