What does a visit with the doctor have to do with a petition for guardianship? Learn more before you petition the Court for guardianship in West Palm Beach!

West Palm Beach probate litigators know that guardianship is a great way  to protect your loved ones from financial exploitation. Did you know that in order for the West Palm Beach probate court to appoint aguardian they may have to conduct an independent medical exam? You may want to check out this new case out of the Fourth District Court of Appeal to learn more about independent medical exams. 

Guardianship

• Florida has established a guardianship system to protect the incompetent and minor wards with exploitable assets in West Palm Beach.
• The guardianship system is handled by the probate court. 
• Do you know what you are going to have to prove to get your parents a guardian?
• Following your petition they will probably have to sit for an independent medical exam. 
• Can you make them do that against their will?

Independent Medical Exam

• After your petition has been filed in the West Palm Beach probate court there is probably going to be an independent medical examination.
• Two to three experts may sit down with the potential ward and examine them for competency.
• This is not necessary if you are petitioning for guardianship of a minor.
• Can the Court order a medical exam of an individual outside the State?
• According to this new case just released yesterday the answer is no.

Bodzin v. Leviter

• In this case one party was seeking to have a medical examination of a party before his testimony in a case.
• The parties were concerned that the person who was going to testify had Alzheimer’s and may not have been competent to testify.
• The man was not presently in Florida but the trial court ordered the examination regardless.
• On appeal this was struck down and it was ordered that any medical exam would have to occur where the party resided.

Want to learn more about independent medical examinations in West Palm Beach?

Check out the entire case by clicking here.