Florida Guardianships & The Right to Contract

Did you know that certain rights can be taken away from you if you are deemed incapacitated by a Florida guardianship court? What can you do to protect yourself from becoming the ward in a Florida guardianship matter? How can an estate plan benefit you, even before you die? When should you consult with a Florida estate planning lawyer? How can an estate plan help you to avoid a guardianship?

Guardianship lawyers know that, unfortunately, many elderly people develop dementia or Alzheimer’s disease. Once a person develops dementia, and that person is no longer able to care for himself or herself, a guardianship may be initiated. However, if you have a solid estate plan in place, you may be able to avoid a guardianship. In an estate plan, you can designate who you would like to take care of you if you are to become incapacitated at some point in your life.

If you do have a proper estate plan in place, and are deemed incompetent by the West Palm Beach Guardianship court, certain rights may be taken away from you. For example, you may no longer have the right to contract. A recent Third DCA opinion, Jacobsen v. Busko, is about a ward who is not able to hire a lawyer for herself due to her losing her right to contract. To read the entire case, click here.