When should you file a guardianship action in Florida? Is your elderly mom or dad being taken advantage of by his or her POA? What can you do to stop a bad POA from stealing from the person he or she is supposed to be assisting? Do you think that someone may be financially exploiting, or stealing money from, your elderly relative? You may wish to read a March 6,2019 Fourth DCA opinion, Johnson v. Florida.
Can a Ward get married? Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?
When does a person need a guardianship rather than a POA? Can I become the POA of a person if they already have dementia before they sign the POA? What do guardianship lawyers in Florida know about how suspicions and accusations of financial exploitation can be avoided? Should you file for guardianship of an elderly person that you believe needs care? How can a guardianship help to prevent an elderly family member from being taken advantage of?
Are you worried that your incapacitated father will marry his girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Florida? How can the right to marry be taken away?
What is a Florida guardianship? Who is an “interested person” in guardianship litigation? Does simply being next of kin confer “interested person” status in a Florida guardianship? If your parent is the Ward in a Florida guardianship , and you are interested in filing a petition in his or her guardianship, you should hire an experienced West Palm Beach guardianship lawyer. In addition, you may want to read Hernandez v. Hernandez.
Are you involved in a Miami or Palm Beach guardianship proceeding? Do you believe that a family member needs a guardian appointed by a Florida guardianship court? Is someone you know unable to care for his or her self due to dementia or Alzheimer’s? How is it determined whether or not someone is incompetent and needs a guardianship? How do Florida guardianship courts decide whether or not to appoint a guardian to a prospective ward? You should read a recent Fourth DCA opinion, Cook v. Cook.
What is an examining committee? Who appoints the members of examination committee? Does the examination committee determine whether or not the alleged incapacitated person is actually incapacitated? How many members are on the examination committee? What does Florida Statute 744.331 require the examining committee to do? What can you do if you believe that an examining committee did not properly evaluate a person to be incapacitated? What if the examining committee fails to strictly follow the examining rules laid out by Florida Statute 744.331? If you want to know more about examining committees in Florida guardianships, you should read a September 20,2018 Fourth DCA opinion, Cook v. Cook.
What happens during the guardianship process in Florida? How is a person determined to be incapacitated? What Florida statutes or laws prescribe the methods for determining incapacity? What should your Florida guardianship lawyer know about proceedings to determine the competency of a person? What is an examining committee’s role in an incapacity hearing? What do you do if you believe that a person has been wrongly deemed incapacitated? For more details regarding incapacity proceedings, you should read a recent Fourth DCA opinion, Cook v. Cook. If you would like to interview a Florida guardianship lawyer, free of charge, call (561)514-0900 ext.101
One of the hot topics for West Palm Beach attorneys and judges right now is attorneys fees. Are you involved in guardianship litigation in Florida? If you are, you shouldn’t assume that the court will permit all of the attorneys fees to be paid from the ward’s assets.That doesn’t always happen. The ward is the person who is deemed incapacitated and in need of a guardian.
Have you just become a ward in a Florida guardianship? Were you appointed a Florida guardian? Have you been deemed incapacitated by a Florida guardianship judge? What is Florida Statute 744.3215? Did you know that if you are deemed incapacitated in Florida, certain rights may be taken away from you? Do you know what rights you now have? If you are a ward in Florida, or involved in a guardianship proceeding, you may want to read Florida Statute 744.3215. It lists the rights that a person retains when determined incapacitated and the rights that may be removed.