Search Results: power of attorney

Florida financial crimes against the elderly, trying to help your mom or dad and stop people from stealing their money.  If your mom or dad is an elderly person in Florida, chances are you may be concerned that they’re well taken care of and that their financial assets and bank accounts are likewise safe. What do you do if you suspect that mom or dad are the victims of some financial crime or financial exploitation, maybe by a trustee, a neighbor, somebody with a power or attorney, or even a guardian.  Well, you can start by reading Chapter 825 of the Florida Laws. These statutes tell you all about what civil remedies a family has when they suspect that mom or dad have been financially exploited by a power of attorney or a trustee or a guardian.  825.101 defines a number of legal actors and concepts under financial exploitation in Florida. You can read that online free of charge. If you keep reading that statute, you will also see that family members can get an injunction to try to stop the person who’s committing the fraud or the civil theft, and you’ll have a better chance to get in front of a Court to protect your parents’ assets.

  Who can revoke or modify a Florida trust? You know, most people have a revocable trust in Florida, sometimes called a revocable living trust in Florida. Who can revoke it or modify it? You know, people will amend or restate, or modify, or revoke their revocable trusts all the time. Sometimes they have one amendment, a second amendment, a third or a fourth amendment. But are those valid and were they valid amendments, in that were they amending a trust properly? You know, you have to amend or revoke a trust properly, we have rules and we have guidance on how we do that. You just can’t do it anyway, nilly-willy, it has to be proper. And if you’re a beneficiary, you maybe get a bigger share of an inheritance or a lesser share, depending on whether that trust amendment in Florida is valid or not. And if you’re a trustee, you need to know which trust’s instrumental amendment you’re supposed to be administering the trust under. You can read a little bit more about revocation of a trust in Florida by reading the Gurfinkel Case, 972 So. 2d 927; it’s a 2007 case. Be mindful, it does discuss a power of attorney and we have a new power of attorney statute since this case came out.

  Who can revoke or modify a Florida trust? You know, most people have a revocable trust in Florida, sometimes called a revocable living trust in Florida. Who can revoke it or modify it? You know, people will amend or restate, or modify, or revoke their revocable trusts all the time. Sometimes they have one amendment, a second amendment, a third or a fourth amendment. But are those valid and were they valid amendments, in that were they amending a trust properly? You know, you have to amend or revoke a trust properly, we have rules and we have guidance on how we do that. You just can’t do it anyway, nilly-willy, it has to be proper. And if you’re a beneficiary, you maybe get a bigger share of an inheritance or a lesser share, depending on whether that trust amendment in Florida is valid or not. And if you’re a trustee, you need to know which trust’s instrumental amendment you’re supposed to be administering the trust under. You can read a little bit more about revocation of a trust in Florida by reading the Gurfinkel Case, 972 So. 2d 927; it’s a 2007 case. Be mindful, it does discuss a power of attorney and we have a new power of attorney statute since this case came out.

Financial exploitation of elderly persons in Florida. Who can be held accountable? If you have a mom or dad who’s an elderly person in Florida, are you worried about their bank accounts or change of beneficiary designations by a trustee, a guardian, or maybe a power of attorney? You not only need to know about chapter 709 which is the Florida power of attorney statute, but you need to know about chapter 825, specifically 825.103 that talks about and explains the rights that families and people have when somebody, like a power of attorney exploits an elderly person in Florida.

Florida powers of attorney and financial exploitation of an elderly person in Florida. Did you know that there’s a statute on-point that helps an elderly person and their family from financial exploitation, from powers of attorney, trustees, and guardians? Know what your financial rights are! This specific statute talks all about powers of attorney. If you’re involved in a case where a power of attorney has been abused in Florida and somebody has taken money or misappropriated funds or bank accounts, know what your financial rights are and talk to an experienced litigation lawyer who handles financial crimes against elderly persons. You can also read a very specific statute 825.103.

Adult guardianships in Florida. What are they and do you need one? When we talk about guardianships in Florida, we’re not talking about guardians for minors, we’re talking about adult persons who may or may not have their rights taken away because they need some assistance, they need some protection. In Florida, guardianship law is governed by chapter 744. It’s our guardianship code, you can read it free online. But a guardianship for an adult is initiated by the filing of a petition with a probate court that says, “This person is incapacitated. Judge, you need to remove some of those person’s rights, you need to take them away, they need some protection, they’re incapacitated and they need a guardian.” But remember, even if somebody is deemed to be incapacitated by a Probate Court judge in Florida, they may not need a guardian if there’s a lesser restrictive alternative that adequately addresses their needs. A power of attorney and a revocable trust may be the answer to that.

Who stole my inheritance? How do you get your stolen inheritance back? Are you involved in an estate or some type of trust and you are convinced that your inheritance was stolen? What do you do? There’s three things that you need to do. First of all, you need to file a lawsuit or some type of paper in a probate proceeding, if one is going on, or you need to sue the wrongdoer. Remember, the law doesn’t help those who sit on their rights and remain silent. The law helps those who get up and voice their rights and take a stand. The second thing you need to do, is you need to conduct discovery. You need to know where the money went, by what authority it left, and where it is today so that you can get it back. Finally, you need to try the case. Right? And you want a jury trial, if somebody has committed concealment or fraud, or breach of fiduciary duty. Remember, if somebody stole your inheritance and they were in a position of trust, or fiduciary responsibility, like a power of attorney, or a trustee, or an executor, or somebody who is in a position of great trust. The law imposes very large duties, big burdens on those legal actors. And when they commit terrible, terrible wrongs you may be able to get punitive damages, maybe triple damages, maybe not. But you need to know how to exercise your rights. And if you […]

Unfortunately, financial exploitation of the elderly has become a huge issue throughout Florida. Palm Beach guardianship lawyers and estate attorneys frequently receive calls from concerned relatives or friends regarding an elderly person being financially abused. What are the different ways that an elderly person may be financially exploited? How can you detect if your mom or dad is being financially exploited? What should you do if you believe that your elderly relative is being taken advantage of by a caretaker or “friend” ? When do you need an experienced Florida guardianship lawyer? Florida Couple Arrested for Financial Exploitation of the Elderly A recent article by Fox News describes just one way that an elderly person can be financially exploited. Here, a Florida couple allegedly stole over $50,000 from the bank account of an 82-year-old veteran. They stole most of the money by placing threatening calls to the man. They would tell him that, if he didn’t pay, he would have to go to jail. The police became aware of this scam because the poor elderly man called the Veterans Crisis Center after discovering that his bank account had been drained. He told the Crisis Center that his bank accounts were negative, and that he didn’t know what to do other than to end his own life. To read the entire article about this Florida exploitation of the elderly case, click here. Power of Attorney Mis-Use The above article discusses how an elderly person can be financially exploited by a scam […]

What is a guardianship? When is a guardianship necessary? Can an Orlando guardianship help to protect my mother who has dementia? Guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida Guardianship Law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?

Are you involved in an inheritance conflict, will contest or petition to provoke probate in a West Palm Beach probate court? If so, you may be familiar with the term “undue influence”. Palm Beach trust and estates lawyers know that a will may be void in a Florida probate action if the will was obtained through undue influence. In addition, changes to beneficiary designations or estate planning strategy, when caused by undue influence, may be void.