Search Results: guardianship

Are there different types of guardianships in Florida? What are they? What should my probate litigator know about the different types? What is a limited guardianship? What is a plenary guardianship?

If I am subject to a guardianship in West Palm Beach, can I still get married? What is an adult guardianship? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion. Florida Guardianships Probate lawyers know that, when we talk about guardianships in Florida, we’re not talking about guardians for minors. Instead, we are talking about guardianships for adults. Adults may be subject to a guardianship if they become incapacitated and unable to care for themselves. Oftentimes, family members file for a guardianship over a loved one in order to ensure that the loved one is being properly cared for. A Florida guardianship proceeding is initiated by the filing of a petition with a probate court. This petition explains that the person you are seeking a guardian for is incapacitated and needs some protection, or rights taken away. There is then a process to determine whether the person is incapacitated. The court also considers whether there is a lesser restrictive alternative to a guardianship that adequately addresses the person’s needs. For example, if a person has a power of attorney and a revocable trust, he or she may not need a guardian. Florida Guardianship Litigation At Pankauski Hauser, guardianship matters have become a very large part of our probate practice. This is because guardianship litigation in Florida is becoming more and more frequent. Guardianship litigation […]

Guardianship litigation and annulment of marriages. On February 20, 2019, the Fourth District Court of Appeal issued a guardianship opinion in the George case. You can read it free online by going to the Fourth District Court of Appeal website and scrolling through Opinions. February 20, 2019. Why is the George case important? Well it stands for a proposition that many would see as obvious, but not necessarily so. You can’t in many instances take inconsistent positions. For example, on a Monday, you can’t say that somebody’s incapacitated or unable to exercise their rights, and then Tuesday try to contract or marry that person. You can’t swear to a court that somebody does not have capacity on one day, and then the very next day argue that the person does have capacity. Taking those inconsistent positions can often times get you into trouble. Why? You can’t file frivolous or baseless claims in Florida, you can be sanctioned. To read more about this annulment of a marriage case in the guardianship context, read the George case or talk to an experienced guardianship litigation attorney.

Divorce law and guardianship law, why are there crazy issues? If you’re involved in a guardianship matter, such as mom or dad is accused of needing some help or believed to be incapacitated, you may need a guardianship action, and you may or may not need a guardian for mom or dad. Regardless, if a guardianship petition has been filed, there’s all these crazy rules about getting married or getting divorced. Why are there these crazy rules? Because when you have spouses in guardianships and you’re discussing marriage or divorce, the legal areas of family law collide with guardianship law. There’s a recent case from February 20, 2019. It’s the George case, the George case is a recent appellate opinion that deals with issues of marriage and trying to annul a marriage when a guardian petition has been filed. It’s from February 20, 2019. The District Court of Appeal is the Fourth District Court of Appeal. You can read the George case online for free by going to the Fourth DCA website and searching Opinions.

In Florida guardianship, if somebody is deemed to be incompetent, we refer to that person as the AIP, the alleged incapacitated person. If they are actually determined to be incapacitated by a judge from the probate division, that person becomes known as the Ward. Was that person examined properly by the examining committee? To learn more about a guardianship examining committee and the process surrounding the interview, or examination of the AIP or the Ward, you can read a very recent case from September 2018. The rehearing was granted November 28, 2018. It’s the Cook case, Cook V. Cook. It is a 2018 decision. The Westlaw site is 452-0379, it’s from Florida’s Fourth District Court of Appeal.

Are you involved in a Florida guardianship? There may or may not be a guardian appointed, but before you even get there, the court is going to make a determination as to whether the person, the alleged incapacitated person, is incapacitated or whether he or she has capacity. Is competent or incompetent. And to get there, you are going to have an examining committee that’s appointed by the court to conduct an exam, or an interview of the alleged incapacitated person. Knowing how that process occurs, and what your rights are if you’re interested in the guardianship, is very important. Talk to a guardian litigation lawyer about how you can be heard in a Florida guardianship case.

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.

Are you involved in a Florida guardianship? Maybe mom or dad has gotten along in their years and there’s a court appointed guardian, and that guardian is filing accountings. You may or may not need a guardianship lawyer right now. Why? Well, because the Guardian is going to seek to have those accountings approved. And the Guardian is going to identify certain assets that your mom or dad has, that are assets of the ward, or of the guardianship. And if you don’t object to them now, you may be precluded from objecting to them or seeking to enforce rights against those assets at mom or dad’s death. Don’t make the mistake that a lot of people make in Florida. They ignore the guardianship process and say, ”Well, I’ll argue about the asset, or the joint account, or the bank account later when mom or dad dies.” You may be precluded if you don’t object to that accounting in the guardianship action right now.

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?

If someone is the subject of a guardianship in Orlando, can they get married? Can a Ward get married? Is the right to marry taken away if you are deemed incompetent by a probate court?  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?