WHY PEOPLE HATE LAWYERS?
Why do people hate lawyers? Lawyers are sometimes accused of stalling, and getting continuances in court all the time.
#GUARDIANSHIP GONE WRONG
This recent case is a sad, and shocking, case involving a court-appointed #guardian who # mis-used guardianship funds.
#GUARDIAN’S DUTIES
A guardian is appointed to look out for, and protect, the best interests of somebody who cannot protect themselves. In Florida, we have an entire chapter of the #Florida probate code devoted to #guardianship law.
- Minors need #Florida guardians to look out for their property interests
- #incompetent persons, and those who are #incapacitated, who suffer from progressive #dementia, need #Florida guardians to protect their person and their property
This is a good case which reminds us of the #fiduciary duties which a #guardian owes to the person he or she is serving:
- A #guardian is a #fiduciary with #fiduciary obligations
- a #guardian must act in the #best interests of the person you have agreed to serve
- a #guardian must look out for and protect that person
- DON’T MIS-SPEND MONEY ! a #guardian must spend that person’s money only for the benefit of that person they are protecting
- DON’T MISUSE MONEY ! a guardian may not #misuse guardianship money or #misspend guardianship money
- a guardian must provide a #guardianship accounting
- a guardian must avoid #conflicts of interest and #self-dealing
IMPROPER GUARDIANSHIP “LOANS” AND FAILURE TO ACCOUNT
In this recent case, the #guardian failed to provide accountings from 2008. The Guardian was ordered to provide an accounting but he kept delaying it. The Guardian was also ordered to produce #bank statements, and other financial data which was not forthcoming. The #guardianship case dragged on and on. Finally it was revealed that the #guardian made #improper loans to a girlfriend and an employee, diminishing the #guardianship money from approximately $165,000 to $6000.
TIPS FOR FAMILY MEMBERS DEALING WITH A GUARDIAN
In Florida, #probate courts bend over backwards to protect someone who needs protecting and who is vulnerable to #financial exploitation. The last person in the world who should be committing #elder abuse, or #financial exploitation, is a #court-appointed guardian. #Florida probate court judges understand their important role in society and work very hard to protect the interests of those who suffer from #dementia, #minors, and those that need help with their personal and business affairs. Here are a few tips if you are a family member of somebody who is the subject of a #guardianship
- obtain a copy of the #guardianship plan or the #plan for distribution of #guardianship funds—– get an anticipated #guardianship budget and know how the #guardianship money is going to be spent over the next year
- make sure the #guardian provides a #guardianship accounting – – – each and every year
- if the Guardian fails to provide a #guardianship accounting, file a motion to compel with a date certain
- if the Guardian tries to delay the #guardianship proceedings, seek the appointment of an #interim guardian or #special guardian, with the power to issue subpoenas and to investigate
- compel the guardian to provide back up data – – – #guardianship bank accounts, #financial statements showing all the #guardianship money, including the #guardianship bank account any #guardianship checking account, including all canceled checks
- if the Guardian fails to provide the #guardianship bank statements, ask the #guardianship judge to remove the Guardian
FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS
We help you with Florida estate and trust administration and trials, and #probate appeals.
Our #Florida probate law firm
- does not draft estate plans
- does not draft wills and trusts
- does not steal your clients or your probates
Our #West Palm Beach, Florida #probate litigation firm :
- hands your clients back to you at the conclusion of the #Florida litigation
- after all, they are YOUR clients
- we try cases
- we handle appeals
- restricts its practice to #Florida probate disputes
- we work with you on #Florida estate administration, #Florida probate
- we litigate for and protect beneficiary rights
- we represent #Florida personal representatives or executors, and #Florida trustees
- we receive 95% of our clients from other lawyers
- we take contingency fee cases.
Who are we? Our firm is comprised of
- serious Florida litigators,
- focused probate lawyers,
- experienced paralegals and support staff.
We have been involved in high profile, nine figure, multi-million-dollar #Florida estates, including Madoff matters, old # Palm Beach money and complex trusts and multi-party #Florida probates. We also handle “small” or “simple” matters. All we do is litigate and help you with #Florida estate and trust administration. #Tortious interference with an inheritance and allegations of #undue influence, and #will challenges and trust challenges are a unique subspecialty of the law. Does your client know which ones to file, when to do that, and why? Do you know the different ways to prove each case? How about quantifying or assessing damages? It would be our pleasure to work with you and to serve your clients. For a complete copy of this very recent legal opinion please email michelle@pankauskilawfirm.com.
John Pankauski, www.johnpankauski.com, is the author of The Trustee’s Book – An Individual’s Guide To Money, Misfits, Marriages, and Mismanagement, and the upcoming The $41 Trillion Inheritance War. He is an estate and trust litigator in West Palm Beach, Florida. www.pankauskilawfirm.com and has been featured on the CBS Evening News, The Wall Street Journal, MarketWatch, NBC, ABC and Fox.