Guardianship Appeal Florida & medically necessary expenses: November 25, 2015 2nd DCA appellate opinion

You’ve heard me say many times in this Florida probate lawyer commentary that guardianship law Palm Beach is a growing,expanding area of the law and indeed the service sector. Guardianships in Delray Beach areserious and, for good or ill, serious business.  You need accountants or CPA’s and book-keepers to keep track of all the money when someone is guardian of the property like Boca Raton bank accounts, checking accounts, and Boynton Beach brokerage accounts holding stocks and bonds and mutual funds. How does the probate court and family members and others who are “interested parties” in and to the guardianship know if the money–your parent’s money and maybe, just maybe, your future inheritance —  is being spent correctly, or, well, being mis-spent?  You need guardian lawyers Florida to comply with theGuardianship Code and Chapter 744 of Florida Statutes and you need, after all, a guardian, many times a profesional, third party, who is independent & objective from all family members like 2nd husbands or wives and adult step children. So, what can you learn from a recent, November 25 2015 Florida guardianship appeal issued by the 2nd DCA which you can read at this link: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2025,%202015/2D13-5840.pdf.  The case is Lutherna Services Florida, Inc. v. Dept of Children and Families, Case No 2D13-5840, 40 Fla. L. Weekly D 2641.

Should I Have a Board Certified Appellate Attorney Handle My Florida Guardianship Appeal?

• The probate rules for appealing guardianship matters are very unique
• Not only do probate litigation lawyers Florida need to know about appellate procedureand appeals court time frames and practices, but you also need to know about guardianship law.
• Here is the link to read chapter 744 Florida statutes, sometimes referred to as  part of the Florida Probate Code, and also as the Guardianship Code:http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744ContentsIndex.html&StatuteYear=2015&Title=%2D%3E2015%2D%3EChapter%20744

2nd DCA Guardianship Appeal

• A person, or entity like a charitable organization, can be a guardian in Palm Beach
• In this 2nd DCA guardianship appeal Florida,  Lutheran Services Florida was thecourt-appointed guardian of the person & the property of the Ward
• The Ward was living in a nursing home facility. and was a beneficiary of the Medicaid Institutional Care Program or ICP
• The guardian had to deal with the cost of the Ward’s care including the payment ofmedical expenses and doctor’s bills
• Can a monthly guardianship Florida fee for the court appointed guardian be deducted from the Ward’s income as a medically necessary expense for purposes of Florida’s Medicaid program?
• No, if you are a guardianship lawyer Florida or elder law lawyer Florida handling guardianship matters in Florida’s 2nd District
• In a lengthy appellate opinion, the 2nd DCA appeals court gave considerable attention to this important guardianship issue
• The appeals court said that evidently there is a gap where a guardian of anincapacitated person or ward who provides the necessary consent for medically necessary treatment cannot be compensated for its services under the state’s Medicaid program

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