How to Avoid a Florida Guardianship

Are you trying to prevent a relative from appointing a guardian in West Palm Beach? Is there a way to make sure that I do not become the subject of a guardianship matter in Florida? Could Sumner Redstone have avoided his guardianship lawsuit? Is Sumner Redstone’s guardianship lawsuit really over?

How to Avoid a Guardianship in Florida

• Probate lawyers West Palm Beach know that probate courts have to first decide whether there is an alternative to guardianship.
• If there is an alternative that is sufficient, the probate court West Palm Beach cannot appoint a guardian.
• What is a guardian?
• In West Palm Beach, a guardian is appointed to look over a ward who is declaredincompetent.
• A potential ward is entitled to due process, which means an expert will examine them and a judge will have to determine whether or not guardianship is proper.
• However, you may be able to substitute guardianship with a less restrictive alternative if it can get the job done.
• What is a proper substitution?
• A power of attorney is an example of something that may act as a proper substitute for guardianship.
• In order to avoid a guardianship, is necessary to have a proper estate plan in place.
• If an estate plan Palm Beach Gardens adequately protects the interests of the person subject to guardianship, a guardianship may not be necessary.
• The probate judge Delray Beach will decide.

Sumner Redstone: Case Dismissed

• Sumner Redstone’s guardianship matter in California is thrown out.
• What happened in this case?
• Sumner Redstone’s ex-girlfriend and live-in companion sued Sumner Redstone, a 92 year old millionaire( or maybe even billionaire)businessman, claiming that he was incompetent when he changed his estate plan.
• She just lost this guardianship lawsuit because Redstone was able to testify on video that he wanted his daughter, Sherry Redstone, to make decisions for him.
• Is this the end of the lawsuits between the Redstone’s and Mr. Redstone’s ex-girlfriend?
• Perhaps not.
• Media suggests that each side will be filing lawsuits against each other.
• In Florida, guardianship lawyers know that, frequently, a companion of an elderly person can often get very close to that elderly person and file for a guardianship action.
• Sometimes, the family members file for a guardianship action in Florida because they want to make decisions for a person who is aging.
• Florida estate lawyers know that when we have second or third marriages, or a live in companion, a lot of litigation can result.
• Many times, contested guardianship matters involve a girlfriend or boyfriend who doesn’t get along with someone’s adult children or vice versa.
• Again, the best way to try to avoid that type of litigation, or minimize potentialguardianship litigation, is to have a good Florida estate plan.

Want to know more about Florida probate litigation? Consider these free resources:

• Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
• Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
• Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
• Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
• Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
• Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
• There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml