Search Results: POA

Is mom or dad getting along in years and maybe they need some help with paying their bills or making decisions? Well, if you have thought that a guardianship may be appropriate, you may want to see a new Florida probate video available online, for free. Here is the link to the free Palm Beach guardianship video:  https://www.youtube.com/watch?v=wpuJzWarbp0&feature=youtu.be Is a Palm Beach Guardianship of Your Parents Necessary? When do you know if a guardianship is appropriate for your mom or dad? After all, Palm Beach guardianships are NOT just for children or minors. Every day it seems, probate courts in Delray Beach to Palm Beach Gardens are charged with making important decisions about adults Sometimes, it’s not our decision whether there is a guardianship for mom or dad Often, a brother or sister files for guardianship Palm Beach and the issue is addressed at that time: they file a petition with the Probate Court West Palm Beach suggesting that mom or dad is not competent or incapacitated Sometimes, when mom or dad suffer from dementia or Alzheimer’s, the concern or the urgency to protect mom or dad, and their money, is increased Is a Florida Guardianship Necessary if Mom Had a POA? Is a Palm Beach guardianship needed if mom or dad had a Florida power of attorney? Ask any guardianship lawyer Palm Beach and they will tell you that a basic estate plan can do a lot more than just save “Florida inheritance tax” (US Estate Tax since Florida doesnt have […]

Here are the 4 things which you need to know on how to start a guardianship in Florida. All you need to know about how to start a guardianship in Florida First, most (…………………..OK… a lot of……………….) guardianship law in Florida is in the code. A set of laws or statutes. See Chapter 744 and read to your heart’s content. You will candidly be surprised how much you can learn in one hour about how to start a guardianship. What’s good about this chapter is that it also explains the procedure. Two, you have to file two petitions. One petition says “hey… I think someone can’t make their own decisions. They need assistance.” This is often referred to as a petition for incapacity. It’s serious stuff. The Petitioner is notifying the Court that someone needs assistance and protection. That they may be vulnerable. And… that they cannot, or should not, exercise certain rights. The second petition is a petition for appointment of guardian. A guardian may make ALL the decisions for the person. Or only some. Who decides what rights get taken away? The probate judge handling your guardianship trial. Power of attorney, health care proxies and trusts And the guardian may make decisions for the “person”….like personal decisions. Your social environment, where you live, who you see or don’t see, your health care decisions. Or, the guardian may be for one’s property. Who pays the bills, invests the money, spends or (not spending) the person’s money. What do to […]

Need a hand with that Florida probate or estate? If you need a Palm Beach Inheritance Attorney, be sure you know what you are looking for. Palm Beach Inheritance Attorney: looking for the right DNA There are two kinds of Palm Beach Inheritance Attorneys in the world. Those who may choose diplomacy or discussion. And those that choose action. Managing Partner John Pankauski says he seldom “writes letters”, other than to put someone on notice. Pankauski should know, as the lead trial attorney at his boutique probate litigation law firm covering all of Florida. He explains that many times, prospective clients want to hire him to simply “write a letter” to a potential defendant. Why? Maybe a trustee won’t give you your inheritance. Or an executor won’t show you the books. Maybe a POA took your money. Writing letters, he cautions, is often a waste of time and money. He explains that a letter typically won’t solve your riddle. “If someone was going to do the right thing ” so the thinking goes “they would have not wronged you in the first place.” Getting a letter or an email from a law firm that uses fancy legal jargon won’t cause the “bad legal actor” to give you your money. More often than not, they use the money they took –YOUR MONEY– to hire a lawyer to fight you. Choosing the “right” Palm Beach Inheritance Attorney may be about finding the right DNA. How to match up with your lawyer So, […]

Here’s the FIRST thing you MUST know about a Palm Beach Guardianship. Is it contested or not-contested? If it’s not-contested, probably any old guardianship lawyer will do. If it’s contested, that’s a different story. Consider finding an experienced guardianship litigation lawyer. Understanding Guardianship in 2 Easy Steps (sort of) How can you learn all about Florida guardianships quickly? First, read Florida Statutes Chapter 744, also called the Guardianship Code. These are the Florida Statutes which tell you about how a guardian is supposed to act, whether she is a fiduciary, how the legal process works and how to end a guardianship. It will also introduce you to new words and phrases. Like “incapacity”, “alleged incapacitated person”, “lesser restrictive alternatives”. And, it will tell you what to do if there is a power of attorney. Second, interview as many guardianship lawyers as you have time for. Look for those who SPECIALIZE in this area and are experts. How will you know if the Palm Beach Guardianship lawyer is an expert? You’ll know………………………….. Here is a list of questions which you may want to ask when you interview: Palm Beach Guardianship So, to learn more about Florida guardianship law, you can click on THIS LINK for free videos. No credit card, no “cookies” to accept or reject, and no personal data required. In the end, there are a LOT of lawyers in South Florida who say they “do” guardianship. Most are probably uncontested matters. If are “fighting” about whether someone is incapacitated […]

A recent appellate opinion helps you understand what is fiduciary duty Florida. While common in Florida probate and trust cases, this one was about a contract. Who owes you a fiduciary duty Florida? There are three important “legal actors” who you need to know about when considering fiduciary duty Florida. First, there are those who are so-called “official” fiduciaries. Like Trustees, Personal Representatives or executors of estates. And powers of attorney, also called an attorney-in-fact. Those legal actors are, by definition, fiduciaries. They have agreed to serve, and owe duties of loyalty to their principal or beneficiaries. The law is clear. And there can be a LOT of fiduciary duties. They also agree to put the interests of those who they have agreed to serve above their own. There are a LOT of duties for a trustee. Same for a Personal Representative or executor of a Florida probate or estate. A POA = same thing. (even though the Florida laws call a POA an “agent.”) Who else owes you those duties? Working hard…… The 2nd group? Those who are not “per se” fiduciaries, may become one. How? If they accept a role of serving another. If they are given trust and confidence, and they accept that, and act on it. They then owe a duty. Or maybe multiple duties. And, if they screw up, they can be sued for breach or even surcharge. To read free Florida legal blogs about breach, click here. Contracts = no duty But most contractual […]

Finding the “right” Palm Beach Estate Attorney probably turns on what you NEED. Read more below if you are in the middle of a dispute. If you need someone to write a will or trust for you, look for a good estate planning attorney. If you need some litigation counsel, consider seeing this short, free video. It just may help you find what you are looking for. Or, keep reading. How to find a good one “Shopping” for a good Palm Beach Estate attorney is kind of like searching for any service provider. What? Are you telling me that there is no difference in finding, say, a good dry cleaner or architect, from a “fire-breathing” litigator? Well, who we hire may be different, but aren’t most of your best search practices the same? Try to find someone who specializes in what you are after, who has years of experience, and someone you connect with. Have faith in. Can confide in. Have confidence in. If you are looking for a lawyer to write a will or trust, or POA, that’s an estate planning attorney. Don’t look for someone who handles probate litigation, trials and appeals. Palm Beach Estate Attorney But what if you objecting to a will or bringing a trust lawsuit? Or, maybe your Personal Representative or Trustee or Executor is not sharing information with you? Then, you need some “firepower”, right? (To see some free Florida probate litigation videos, click here.) Look for someone who backs up his or […]

How do you find a good Palm Beach Guardianship lawyer, and, what, EXACTLY, is one? (For free, helpful videos on Florida Guardianships, click HERE.) Palm Beach Guardianship Lawyer For good or for ill, guardianship cases have exploded. If you asked me 20 years ago if I would be handling contested guardianships, I would have guessed “no.” But, now, contested guardianships are a vital and important part of the probate litigation practice at Pankauski Lazarus. And, I’m proud to say, we have built up a stellar reputation, Florida-wide. To read more about our guardianship practice, click HERE. It may assist you in determining whether you need to file for a Florida guardianship or not. Let’s discuss the “two” “main” types of Palm Beach Guardianship lawyers. Contested vs. Un-Contested Guardianships in Florida There are two types of guardianships: contested and un-contested. You don’t need me for an uncontested guardianship. That’s where everyone gets along and there are no disagreements. The truth is that there are many fine guardianship lawyers out there who do a good job. At much lower rates that a guardianship trial lawyer like me. They know Florida Guardianship Law and are effective at assisting families. But, what if you don’t agree? What if you disagree?……………………….a LOT!? Disputed Matters When parties to a Palm Beach Guardianship do not agree, we call it a “contested” guardianship. There are two things which may be contested. First, whether or not someone, the alleged incapacitated person (AIP), is competent or not competent. Do you […]

What’s the importance of trust protectors in Florida when many Floridians already have an estate plan? They have a POA, a living will, a will and a revocable trust. Where does a Trust Protector fit in? Understanding Basic Florida Estate Planning Documents Let’s start with a basic Florida estate plan: Trust Protectors Florida A trust protector is the creature of “hard thinking” trust lawyers. There’s no one definition for a trust protector. In the Florida Trust Code, the word “trust protector” is only used once. And not even defined. And, candidly, lawyers who “write” trusts have different takes on trust protectors and what they do or should do. Here’s a broad overview:

When must a lawsuit go to arbitration or stay in federal or state court? Take a close look at the arbitration provision in your document. Sometimes, only SOME claims go to arbitration. Consider a recent case which discusses this very issue. (To read more about whether you have to go to arbitration, click HERE.) Why Florida arbitration? What is arbitration and why is there an arbitration provision in my document? Think of arbitration as private judging. A forum for the resolution of a dispute. Instead of going to court, the parties to an arbitration agreement go to a private, non-public proceeding. Arbitration. Instead of a judge in a robe, you have arbitrators. Either one single arbitrator. Or a panel (e.g. 3 ) arbitrators. Instead of a judgment, you get an “award”. Arbitration can be had by the agreement of the parties. Often, there is an arbitration provision in documents like contracts. Or a power of attorney. If you sign the contract with such a provision, you are agreeing to at least some arbitration. Or, arbitration of at least some of the claims brought by you or another party to the contract. In Florida, there is a statute in the Florida Probate Code which acknowledges that you can have an arbitration provision in a will or a trust. See Fla. Stat. 731.401. To read more about Florida probate and trust litigators who have handled this issue, click here. Why only some? Because some arbitrations provisions may have a “carve out”. What’s […]

In Florida, people have power-of-attorney documents as often as they have a will or a revocable trust. But mis-use of a “POA” causes concern. Many times, POAs take money or make gifts when they should not. So, can a Power of Attorney make gifts? To read about MISUSING a power of attorney, click this FREE LINK to Florida POA Law. Power of Attorney in Florida Let’s come out and say it : a power of attorney should not make gifts in Florida. There is even a special law about making gifts. Read Fla. Stat. 709.2202(1)(c) which prohibits making gifts ABSENT VERY SPECIFIC LANGUAGE AND PERMISSION. BUT, doesn’t every rule have exceptions. Here are some important bullet points for power of attorney law in Florida. (For a free legal video on UNDERSTANDING POWER OF ATTORNEY, click HERE.) A power of attorney is a fiduciary The person who “gives” or “creates” a power of attorney is called the “principal“ The POA is supposed to act in that person’s best interest The POA can and should spend the principal’s money — on the principal! The POA can use the power of attorney document to pay the principal’s bills The POA should not make gifts of the principal’s money unless the document specifically authorizes that The fiduciary should not make gifts of money or property to herself That’s called “self dealing” and is a “conflicted transaction” or a conflict of interest In unique or rare or limited circumstances, a principal might give the POA […]