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Help! My kids are filing for guardianship to get a hold of my assets and trusts! Fighting guardianship in West Palm Beach.

Uncategorized Oct 9, 2015
post about Help! My kids are filing for guardianship to get a hold of my assets and trusts! Fighting guardianship in West Palm Beach.

Are you currently fighting against your kids in West Palm Beach  guardianship (probate) court? Do you know your rights to oppose guardianship? Experienced Palm Beach probate litigators know that a guardianship may not be the right remedy to protect you, every time. Have your relatives considered less intrusive means such as a power of attorney? Do you know how to prevent an inappropriate guardianship? Check out this recent case out of the Fifth District Court of Appeals where a woman fought to keep the State out of her personal life, see how you can do the same with your adult children. 

Inappropriate Guardianship

  • Guardianship is a procedure set up by the Florida legislature to protect the incompetent and minors from abuse.
  • The problem is sometimes it is abused to control the elderly, yet capable people of West Palm Beach.
  • Is this happening to you?
  • If your children petition the West Palm Beach probate court for guardianship a process is going to start, and you need an advocate who knows your rights.
  • For example did you know that you are probably going to be evaluated by a group of experts?
  • How many?
  • For how long?
  • What are they going to ask you?
  • These are the answers you need.
  • You also need an advocate who will oppose improper uses of guardianship laws.
  • You may be able to pursue attorney’s fees and other sanctions if you know what to do.
  • The Courts know to be weary of these kind of issues.
  • For example maybe your kids just want access to your funds and know that being named your guardian is the perfect way to do so.
  • This is NOT what guardianship is for.
  • You have a right to protest an inappropriate intrusion into your life.
  • Check out this recent case out of the Fifth DCA, what does this have to do with guardianship?

Lund v. Project Warm

  • This was a habeas corpus petition by a person who was involuntarily committed to “Project Warm” for treatment.
  • On appeal to the Fifth District, the woman actually won her release because of an improper use of judicial procedures to get her there in the first place.
  • This may be the same scenario you face with a guardianship petition. 
  • If you have been served with a guardianship petition please take it seriously.
  • Talk to someone who knows your rights and is ready to protect them.

Want to learn more?

Check out the entire case by clicking here.