When Should I File a Guardianship Action in Florida?

Are you debating on whether or not your elderly mom needs a guardian appointed? Is your elderly dad unable to properly care for himself? Does your relative have Alzheimer’s or dementia? Do you suspect that your grandmother’s power of attorney (POA) is taking advantage of her? Are you worried that a caretaker or neighbor will steal money from your elderly, vulnerable parents? 

A recent Fourth DCA opinion, Johnson v. Florida, provides a good example of how an elderly person can be taken advantage of by a POA. Here, the neighbor of the victim had the victim make her the POA. Then, the neighbor, as the POA, withdrew money from the victim’s bank account, and changed the beneficiaries of the accounts. Unfortunately, probate lawyers and guardianship attorneys encounter many cases where evil POAs take money from the person they are supposed to be caring for. In these circumstances, a Florida guardianship can prove to be very useful. After a person is deemed incapacitated, a guardianship court can appoint a guardian to take care of the incapacitated person. The Florida courts oversee the guardian to better insure that the incapacitated person, known as the Ward, is not taken advantage of. To interview a West Palm Beach guardianship lawyer, call (561)514-0900 ext.101.