According to Florida law, when can the right to marry be taken away. If I am subject to a guardianship in Palm Beach, can I still get married? 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.
Do you know what a Florida guardianship is? What is an incapacity hearing? When do I need a West Palm Beach probate litigation lawyer? If I am being taken to Florida probate court to potentially be deemed incapacitated, am I entitled to an attorney? Do I have to be represented by a court appointed guardianship lawyer at my incapacity hearing, or can I choose my own lawyer? If you or a family member is involved in West Palm Beach guardianship litigation, you should read a recent Fourth DCA opinion, Campbell v. Campbell.
Guardianship litigation is important stuff ! One of the hot topics is marriage or divorce of a person who may have been alleged to be incapacitated. Can you get a divorce if there is a guardianship action? Can you get married if you are incapacitated? If you are incapacitated, can a marriage that was just performed be annulled or declared void ab initio? These are some of the marriage issues which Palm Beach guardianship lawyers may face from time to time.
The trust and estates lawyers at Pankauski Hauser frequently get calls from prospective clients who are family members of a decedent. For example, they are beneficiaries of an estate or Florida probate.These prospects are calling our probate litigation firm because they are outraged at the amount of fees that their probate lawyers are taking. Furthermore, they are usually upset with orders that have been entered regarding an attorneys fee request or motion by an attorney for the estate or the probate. Can you appeal this?
West Palm Beach probate lawyers frequently encounter guardianship cases involving financial exploitation. Family members sometimes file incapacity proceedings in an attempt to help a person who is no longer able to care for themselves. These proceedings are called guardianships. Do guardianships guarantee that your your elderly parent or friend, who suffers from dementia, will not become the victim of financial exploitation? Fort Meyers probate lawyers know that guardianships can be very beneficial IF the right person, with the best interest of the incapacitated person in mind, is the guardian.
Unfortunately, probate litigators and guardianship attorneys are seeing more and more litigation involving elderly people being taken advantage of by caretakers, power of attorneys, family members, etc. These cases often involve a POA who does not act in the best interest of the person under his or her care. Did you know that financial exploitation of the elderly is also a crime? A recent Fourth DCA opinion, Johnson v. State of Florida, discusses a case where a woman takes advantage of her elderly neighbor.
Frequently, financial exploitation of the elderly cases involve someone abusing or misusing a power of attorney (POA). For example, we often see caretakers or greedy family members taking advantage of an elderly person by unduly influencing the elderly person to make them his or her POA. Once the POA is obtained, the caretaker or family member uses the POA to withdraw funds from the elderly person’s account ,or uses the POA to change the beneficiaries on the elderly person’s bank accounts. If you are looking to learn more about POA misuse and financial exploitation in Florida, you should read a recent Fourth DCA opinion, Johnson v. State of Florida.
Probate and guardianship lawyers know that financial exploitation of the elderly is, unfortunately, happening throughout South Florida. There are both civil and criminal remedies for Financial Exploitation in Florida. Financial Exploitation is taken very seriously. It is important to be aware of financial exploitation so that it doesn’t happen to you, or a loved one who may be suffering from Alzheimer’s or Dementia. Many times, the elderly are exploited by someone who is close to them and that they trust. That person may have a fiduciary duty with the victim or even be a family member. What is a fiduciary duty? Does a probate lawyer have a fiduciary duty to his client? You may want to read about a Las Vegas lawyer who may have financially exploited his clients.
Florida probate lawyers know that a will should reflect the actual intent of the party that drafted it. So what happens when a caretaker or adult child exercises undue influence over a testator in Florida? Florida will contest lawyers may be able to set aside a will for lack of testamentary capacity, duress or fraud. Do you know how long you have to file a will contest in Florida?
Are you worried that your incapacitated father will marry his twenty year old 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 Palm Beach or Delray Beach? How can the right to marry be taken away? You may want to read Smith v. Smith.