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Florida Probate Rules Change for Guardianship Application (November 6, 2014)

Uncategorized Nov 13, 2014
post about Florida Probate Rules Change for Guardianship Application (November 6, 2014)

Florida guardianship trials and cases have increased: not only in numbers, but also in complexity, as family members engage probate lawyers Palm Beach to “fight” legal battles over controlling mom or dad, or their property.  As of November 6, 2014, there is a change to the Florida Probate Rules, for the application by a person who wishes to be a Florida guardian.  If you are involved in guardianship cases Florida, you will want to know about this.

Why is Florida guardianship litigation so emotional?

  • High spirited, contentious, often very emotional guardianship trials have become more and more common.
  • The challenge for the guardianship litigation law firm Palm Beach, then, is to assist their clients with dealing with a case or trial which is full of emotion and strong feelings.
  • Why are guardianship cases Palm Beach so hotly contested sometimes?
  • One never knows, but consider the participants:  sometimes you have
  • A second or third spouse, like a wife or a husband, who is pitted against their spouse’s adult children from a prior relationship or marriage.
  • Step children fighting with stepmother or stepfather?  Yes, often.
  • Palm Beach guardianships deal with taking away rights of a person is believed to be partially, or completely, incapacitated. That means that
  • A Delray Beach guardianship court is going to let someone exercise those rights for the alleged incapacitated person, or the Ward
  • If a person is incapacitated, then someone will have to manage their property for them………..that means that
  • A guardianship court will then determine who controls the money
  • People hire guardianship lawyers Palm Beach Gardens every day to fight over money and control

New Florida Guardianship Application

  • To be a guardian in Florida, you have to apply
  • The application for appointment as a Florida guardian must now include a statement whether the applicant to be guardian has ever been
  • ARRESTED or
  • CONVICTED of a felony, even if the
  • Record of such arrest or conviction has been expunged
  • See 39 Florida Law Weekly D S664
  • In Re: Amendments to Florida Probate Rule 5.590
  • This was issued by the Supreme Court of Florida on November 6, 2014
  • In Palm Beach guardianship circles, the probate courts handle the guardianship matters, along with Palm Beach probates, wills and trusts
  • There are probate courts in Palm Beach Gardens, Florida, West Palm Beach andDelray Beach