In Florida, Do I Need a Guardian if I Have a Durable Power of Attorney?
What is a durable power of attorney in Florida? Can it allow me to avoid a guardianship in Florida? Should I create aFlorida estate plan in case I become incompetent? What is the difference between a guardianship and a power of attorney?
Power of Attorney and Florida Guardianship
- A power of attorney may act as a proper substitute for guardianship.
- What is the difference?
- A power of attorney is voluntarily signed by the party who would become a ward.
- On the other hand, probate litigators West Palm Beach know that, often times, a guardianship proceeding is done against a person’s will.
- Do you have a power of attorney that may act as a proper substitute to guardianship?
- Experienced West Palm Beach probate attorneys draft these agreements to stand up against the tests judges throw at them.
- Is your power of attorney strong enough to stand up?
Florida Statute 744.462
- This statute guides guardianship courts in Delray Beach, specifying what they must consider when a person, who is subject to a guardianship, already has a durable power of attorney.
- People may be able to avoid a guardianship in Florida if they have proper estate plans in place.
- Estate planning attorneys Palm Beach are able to create estate plans fairly quickly and affordably.
- The West Palm Beach guardianship court knows that,if a power of attorney is the least restrictive means that can be used to meet the needs of a person in a guardianship matter, then a guardianship may not be required.
- To read Florida Statute 744.462, and learn more about how judges in West Palm Beach decide whether a person’s power of attorney is sufficient, click here.
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