February 3, 2016 Palm Beach Guardianship Appeal pits brother against brother

Are your parents aging while living in Florida?  When they do, Florida probate lawyers know that your parents sometimes need assistance.  Whether it’s nurses aids, emotional support, or assistance with bill-pay orfinancial matters, your parents need, usually, or typically, help as they age. And while a Palm Beach Estate Lawyer can try to avoid a public guardianship of your mom or dad with a good Boca Raton estate plan, like a power of attorney, living revocable trust and health care proxy or surrogate, sometimes a guardianship is un-avoidable.  Especially if adult children fight over mom or dad’s care.  Who will be the Florida guardian of your mom or dad? Who will controlmom or dad’s money and property? Who will be the personal guardian in Palm Beach Gardens to make decisions about their health care and medical issues?  A February 3, 2016 Palm Beach guardianship appeal dealt with two brothers who were at odds in a guardianship trial in Palm Beach Gardens probate court.  This case went on appeal to Florida’s 4th District Court of Appeal, the 4th “DCA”, in West Palm Beach.  Here is a copy of the appellate opinion for thisguardianship appeal Florida if you want to read it:  http://4dca.org/opinions/Feb%202016/02-03-16/4d14-3830.CO-op.WR.dissent.pdf

Can I legally avoid a guardianship?

• If you read Chapter 744 of the Florida Statutes, which is the Guardianship Code, you know that if there is a lesser restrictive alternative, which ADEQUATELY addresses the needs of your mom or dad, then you can avoid a guardianship
• BUT, there will be a court hearing and a probate judge will need to make findings of fact
• To make findings of fact, your Florida guardianship lawyer will need to present evidence,like documents, medical reports, doctor’s reports, and witnesses who may offer testimony to help you win your guardianship case
• Does your probate litigation lawyer West Palm Beach know how to get documents into evidence?  Hint: your probate attorney just standing there and arguing effectively and strongly before the trial court does NOT get documents or testimony into evidence.  Unsworn argument of counsel is NEVER evidence in Florida guardianship trials or probate will contests.
• Do you know the Evidence Code and, procedurally, how you win your estate litigation case?
• Remember that if you and your sibling or a you and your mom or dad’s last spouse are fighting over control of money and person, the probate court judge will focus on your parent, the alleged incapacitated person, sometimes referred to as the Ward.
• Remember that the probate court Palm Beach is LESS concerned with sibling rivalry, or a fight between two brothers or sisters over who will control mom’s money or dad’s property.  The probate court is going to FOCUS on the best interests of your mom or dad who may need assistance

Brother Files Florida Guardianship to Have Brother Determined Incapacitated

• This February 3, 2016 Palm Beach guardianship appeal was slightly different than “typical” guardianship cases and examples.
• How?
• Well, most guardianships deal with adult children or a spouse dealing with a mother or father or husband or wife
• This recent Palm Beach Gardens probate appeal dealt with a brother who petitioned the probate court to have his brother found incapacitated
• There were two orders which were appealed
• The petitioner who wanted the guardianship wanted a limited guardian and also an emergency temporary guardian or what Florida guardianship law firms call “ETG”
• This case involved a final summary judgment order in favor of the brother who filed Florida guardianship
• The second order from the Palm Beach Gardens probate court dealt with givingattorneys  fees to the brother who filed for guardianship
• Can you get attorneys fees paid for by the court if you file for guardianship?
• Do you know how to try to get attorneys fees paid if you are involved in a Florida guardianship?
• A brother and cousin appealed these two GUARDIANSHIP orders and the 4th DCA in West Palm Beach, which hears appeals for guardianship matters in Martin County, Palm Beach County and Broward County, AFFIRMED
• Do you know how to file a Florida guardianship appeal or how to appeal a guardianship order?
• The secret to winning Florida guardianships?  To find out how this brother won both his guardianship appeals and attorneys fees, click on this 4th DCA guardianship opinion: http://4dca.org/opinions/Feb%202016/02-03-16/4d14-3830.CO-op.WR.dissent.pdf