Search Results: power of attorney

Having a disabled child may mean your estate plans differ from that of other parents.  For the parents  of disabled children, estate planning is important.  Experts note that one of the biggest mistake parents make is waiting to long to set up necessary trusts for their child to transition into adulthood, as seamlessly as possible. It may be hard to think about, but select a guardian. A guardian is necessary if your child either has not reached the age of majority, or may require assistance / lack the skills to live independently.

Have you started your Florida estate planning yet?  Most people begin their estate planning with a will and consideration of the people and organizations who should be gifted their assets upon death.  But, many people tend to overlook several other important factors that should be included in your Florida will as well.

In the unfortunate instances when Florida elders become mentally incapacitated, they will often need legal guardians. The rules of Florida Guardianship Law grant guardians a lot of power to act for the persons whom they are appointed to protect (called a “ward“). And, at the same time, these rules also remove some of the rights of the elder to act on his or her own behalf. Because this process grants so much power to the guardian, while leaving the ward so vulnerable to unscrupulous acts, it is usually best to appoint a loved one or close friend as a guardian to ensure the guardian acts in the ward’s best interest.

In Florida, a Guardianship is used to protect the health, welfare, and propertyof a person who has become mentally incapacitated. The typical case for guardianship in Florida is the unfortunate but common instance of an elderly person with dementia. In guardianship, Florida courts will actually removed some of the rights of the incapacitated person (called a “ward“) and appoint a guardian to act on the ward’s behalf.  Because this process grants so much power to the guardian, while leaving the ward so vulnerable to unscrupulous acts, it is usually best toappoint a loved one or close friend as a guardian to ensure the guardian acts in the ward’s best interest. 

In Florida, a Guardianship is used to protect the health, welfare, and property of a person who has become mentally incapacitated. The typical case for guardianship in Florida is the unfortunate but common instance of an elderly person with dementia.  In guardianship, Florida courts will actually removed some of the rights of the incapacitated person (called a “ward“) and appoint a guardian to act on the ward’s behalf.

Based on a recent appellate decision from Florida’s Fourth District Court of Appeal, “standing” in some Florida guardianship matters has been severely restricted to those people with an immediate and direct interestin the guardianship proceedings. “Standing” is the ability of a party in a legal proceeding to demonstrate to the court that he or she has a sufficient connection to the proceeding, such to support the party’s participation in the case.

Revocable living trusts in Florida are created both to avoid probate and to keep assets out ofthe hands of aFlorida guardian. The Florida Guardianship Code, however, can allow a guardian to take control of the assets of a Florida revocable trust, thereby eliminating one of the primary purposes of having arevocable trust established.

In the unfortunate instances when Florida elders become mentally incapacitated,  they will often need legal guardians. The rules of Florida Guardianship Law grant guardians a lot of power to act for the persons whom they are appointed to protect (called a “ward”).  And, at the same time, these rules alsoremove some of the rights of the elder to act on his or her own behalf.

According to media reports: 38-year-old Matthew Messier, a San Francisco Police Officer, appeared in court on Friday after pleading guilty to a felony count of lying about his assets. He faces up to five years’ probation and a year in jail.

A mother-daughter estate scamming duo from Oregon swindled elderly tree-farm heir Ralph Raines, Jr. for almost a decade, extracting in total over $12 million.