Search Results: guardianship

Are you considering filing for guardianship over a loved one? It may be difficult to do when your mom or dad are slowing down. Or faltering. But advanced age and decreased mental acuity can make loved ones susceptible to financial abuse. Adult Florida Guardianship is one way to ask a Probate Court for help. And to protect your parents’ property and their health. To read a host of FLORIDA GUARDIANSHIP topics and commentaries on the law, CLICK THIS LINK. Guardianships in Florida At Pankauski Lazarus, we frequently encounter family members who are concerned about elderly relatives and wish to file guardianships. However, it is important to consider all of the facts prior to petitioning. Is the person you are concerned about incapacitated? Does he or she suffer from dementia or Alzheimer’s? Does the person go to the grocery store and bank on his or her own or require assistance? Is the person taking care of him or herself? Also, it is important to consider the costs of filing a guardianship. Guardianship litigation can become pricy, especially if the guardianship is contested. Will your brother or sister fight you for guardianship of your mom? Chapter 744– Florida’s Guardianship Laws There are a lot of rules to help you along in the Adult Florida Guardianship process. Miami guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Miami, or anywhere in Florida, you should refer to this chapter. An experienced Florida […]

Are you involved in a Miami guardianship proceeding? Florida Adult Guardianships seem to be on the rise. Many family members not only file for guardianship for a mother or father. They also sometimes fight over who will be in charge. Probate Judges always appoint a lawyer to represent the person who is the subject of a guardianship. But what if you want a different lawyer? We have provided thoughtful free commentary on Florida Guardianship Law, as well as the Netflix show I Care A Lot and even Britney Spears. Now, let’s talk about Florida Adult Guardianships in Miami. After all, Guardianships are not just for minors. Miami Guardianships At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children of the elderly file a guardianship to protect their mom or dad. Maybe they are suffering from dementia or Alzheimers. Or, sometimes it’s more subtle. They are just slowing down. And they need some help. And, their property needs some management and protection. To read about financial exploitation or elder abuse, CLICK HERE. To see a FREE VIDEO on financial exploitation of the elderly, CLICK THIS LINK. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. Occasionally, parents of adult children may file a Florida guardianships if the adult child is unable to handle his or her needs. Florida guardianship lawyers know that guardianship […]

What is an adult guardianship? What are the duties of a guardian in Florida? Does a guardian have to file annual accountings with the Florida guardianship court? What happens if a guardian fails to provide a timely annual report? Florida Adult Guardianships At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children of the elderly file a guardianship to protect their mom or dad who is suffering from dementia or Alzheimer’s. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. Florida guardianship courts take guardianship proceedings very seriously because these proceedings can result in a ward’s rights being taken away. The “ward” is the person subject to the guardianship who has been determined to be incompetent or incapacitated. It is important to remember that, even if somebody is deemed incapacitated by a probate court judge in Florida, the court may not appoint a guardian if there’s a lesser restrictive alternative that adequately addresses the incapacitated person’s needs. For example, a power of attorney and a revocable trust may prove to be sufficient. West Palm Beach guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Palm Beach or anywhere in Florida, you should refer to this chapter. You should also consider interviewing an experienced guardianship lawyer who can answer your […]

What is an appeal? When might I need a Florida appellate attorney in my guardianship case? When do you need to hire a Florida appellate attorney? What guardianship orders are appealable? What can I do if I do not agree with a judgment issued in my West Palm Beach guardianship proceeding?How can guardianship litigation lead to a guardianship appeal? Florida Guardianship Litigation and Appeals Florida guardianship lawyers know that some guardianship proceedings can lead to an appeal. For example, if you disagree with a final judgment or order, you may wish to file an appeal. On the other hand, if you win, the other side may appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. Hiring Florida Guardianship and Appellate Lawyers If you are in the process of hiring a Florida law firm to assist you with guardianship litigation, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the guardianship world, appeals do occur. What if you win a lawsuit and the other side decides to appeal? You will want to make sure you have an appellate attorney, who is knowledgeable about both the Florida Rules of Appellate Procedure and Florida Guardianships, ready to assist. At Pankauski Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by […]

What is a health care surrogate? What is a power of attorney (POA)? How is a health care surrogate different than a guardian? When may Florida litigation regarding a health care surrogate occur? What decisions can a health care surrogate make? Florida Adult Guardianships At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children or friends of the elderly file a guardianship to protect someone who is suffering from dementia or Alzheimer’s. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. In Florida, guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in West Palm Beach, or anywhere in Florida, you should refer to this chapter. You should also consider interviewing an experienced guardianship litigation lawyer who can answer your questions and properly file petitions on your behalf. Guardianships and Lesser Restrictive Alternatives Florida guardianship courts take guardianship proceedings very seriously because these proceedings can result in a ward’s rights being taken away. The “ward” is the person subject to the guardianship who has been determined to be incompetent or incapacitated. Guardianship lawyers know that, even if somebody is deemed incapacitated by a probate court judge in Florida, the court may not appoint a guardian if there’s a lesser restrictive alternative that adequately addresses the incapacitated person’s needs. Therefore, you may be able to […]

What is a Florida guardianship? What is ward? What happens when a ward dies in Florida? Is the Florida guardian able to pay the ward’s debt? Does the guardian have to provide notice of proceedings regarding payment of ward’s debt to the beneficiaries of the ward’s estate? Why would the beneficiary of a Florida estate sue the decedent’s guardian? Adult Guardianships in Florida At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children of the elderly file a guardianship to protect their mom or dad who is suffering from dementia or Alzheimer’s. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. West Palm Beach guardianship courts take guardianship proceedings very seriously because these proceedings can result in a ward’s rights being taken away. The “ward” is the person subject to the guardianship who has been determined to be incompetent or incapacitated. It is important to remember that, even if somebody is deemed incapacitated by a probate court judge in Florida, the court may not appoint a guardian if there’s a lesser restrictive alternative that adequately addresses the incapacitated person’s needs. For example, a power of attorney and a revocable trust may prove to be sufficient. In Florida, guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in West Palm Beach, or anywhere […]

What is an adult guardianship? When should I consider hiring a West Palm Beach guardianship attorney? What can I do if I feel my elderly mom is being taken advantage of by a caretaker? How can I make sure that my elderly dad, who has Alzheimer’s disease, is not financially exploited? Alzheimer’s Disease, Dementia, and Exploitation of a Vulnerable Adult As guardianship litigation lawyers, we at Pankauski Lazarus frequently encounter situations where elderly adults are being taken advantage of by those trusted to care for them. It seems that elderly adults with Alzheimer’s disease and/or dementia are targeted most frequently because these particular diseases, unfortunately, can make them vulnerable. Greedy caretakers, neighbors, or friends, who know of a person’s vulnerability, may try to financially exploit them. The idea of having a caretaker or neighbor exploit your vulnerable family member can be sickening. However, there are certain things that can be done to try to prevent this from occurring. Florida Adult Guardianships You may want to consider filing for guardianship over mom and dad if they are no longer able to care for themselves. The guardianship process in Florida is taken very seriously by West Palm Beach courts because guardianship proceedings involve rights being taken away if the alleged incapacitated person is deemed incapacitated. The proceedings to determine incapacity are generally controlled by Florida Statute 744.331, and the statute must be strictly followed. To learn more about the procedures to determine incapacity in a hearing, you should read Florida Statute 744.331 […]

What is a guardianship? When should you consult with a Florida guardianship lawyer? Do you have an elderly family member who is no longer able to take care of himself? How can a guardianship help you to protect your elderly mom or dad? Do guardians get paid? What should I know before filing to become the guardian of someone? West Palm Beach Adult Guardianships When most people think of a guardianship, they think of minor children. However, at our West Palm Beach litigation firm, we focus on adult guardianships. Any Florida guardianship attorney can tell you that guardianship litigation is booming. Unfortunately, many guardianships are filed to prevent or protect elderly family members from being taken advantage of by greedy caretakers, friends, neighbors etc. Oftentimes, we get calls from people who believe that someone is taking financial advantage of an elderly person. In other circumstances, the children of an elderly person call us because they believe their mom or dad is not properly caring for himself or herself. Guardianships are taken very seriously by the Florida courts because guardianship proceedings usually involve certain rights being taken away from the ward. The ward is the person who is subject to the guardianship. The right to marry and the right to contract are just two of the rights that may be taken from a ward during a guardianship proceeding. If a lesser restrictive alternative to a Florida guardianship, such as a POA or trust, exists the guardianship courts will consider them before […]

Are you the beneficiary of a Florida estate facing complicated legal issues? Have you been named the beneficiary in a Florida will but have still not received an inheritance after many years of estate proceedings? Are you worried that the personal representative of a Florida estate is not properly administering the estate? What does the Florida guardianship court have to do with probate litigation? Florida Inheritance Disputes and Recent Cases A January 8, 2020 article in The Washington Post Magazine discusses an artist named Purvis Young and the probate battles that the beneficiaries of his estate have encountered. Young did not have a spouse or any children. He named his friend Eddie Mae Lovest and 12 of her daughters and grandchildren as the main beneficiaries of his will.  His estate did not consist of much cash but, according to the article, there were 1,884 pieces of art. It makes sense that the beneficiaries thought the art would be sold and that they would inherit the sale money. However, like many Florida estate proceedings, it got a lot more complicated. Artist Purvis Young’s Florida Estate Young passed away back in 2010, yet estate proceedings still continue. West Palm Beach probate litigators know that inheritance battles can get pretty complicated. Here, there has been litigation not only regarding Young’s estate but also regarding the guardianship that Young was subject to prior to his death. Young’s guardian, David Mangiero, became the personal representative of Young’s estate. As personal representative, he is tasked with […]

Does a Ward have a right to marry? If you are a Florida guardianship lawyer, or a family member involved with an aging or fragile adult who is subject to a guardianship, you will want to read the Fourth DCA’s March 2,2016 opinion in the Smith case.