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Florida Lawsuits: Evidence and Guardianship Hearings

Uncategorized Feb 28, 2019
post about Florida Lawsuits: Evidence and Guardianship Hearings

What evidence should be presented at a West Palm Beach incapacity hearing ? What should probate lawyers present to a probate court to prove that a guardianship is necessary for the alleged incapacitated person? Does a Florida guardianship court consider testimony from people involved in a guardianship matter? A recent Iowa appeal shows just how important strong evidence is in a guardianship case.

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Who Has Standing to Participate in a Florida Guardianship Hearing?

Uncategorized Feb 27, 2019
post about Who Has Standing to Participate in a Florida Guardianship Hearing?

Can you participate in a guardianship hearing of a random person? Who has standing to participate in a guardianship hearing in West Palm Beach? Does the next of kin of the Ward have standing to participate? Can the Ward’s sister participate? How about the Ward’s girlfriend? A guardianship opinion from the Fourth District Court of Appeal discusses standing and a son’s participation in a guardianship hearing regarding attorney’s fees.

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Attorneys Fees in Florida Guardianship Matters

Uncategorized Feb 26, 2019
post about Attorneys Fees in Florida Guardianship Matters

Pursuant to Palm Beach guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court in West Palm Beach and have a say in someone’s guardianship proceeding? If I am an interested person in a guardianship proceeding in Florida, who will pay attorneys fees? Will the ward have to pay all of the attorneys fees for everyone involved in a guardianship matter? What is a ward?

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Florida Guardianship Procedures

Uncategorized Feb 20, 2019
post about Florida Guardianship Procedures

What is a guardianship? Do you want to learn more about adult guardianships in Florida? What is Florida Statute 744.331? When do you need to hire a Florida guardianship lawyer? What factors are considered when making a capacity and guardianship decision? 

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Seeking a Plenary Guardianship in Florida

Uncategorized Feb 19, 2019
post about Seeking a Plenary Guardianship in Florida

Are you seeking a plenary guardianship in Florida for a family member who can no longer care for herself? Have you filed a petition to determine incapacity? Are you thinking about seeking a guardianship for your elderly mom or dad who has dementia? What happens after your Palm Beach guardianship lawyer files a petition to determine incapacity? Will the potential ward or potential incapacitated person be examined by the guardianship court? Who will determine whether the person you are seeking a guardianship for is incompetent or not? 

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Adult Guardianships: How is a person determined to be incapacitated?

Uncategorized Feb 18, 2019
post about Adult Guardianships: How is a person determined to be incapacitated?

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. 

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Palm Beach Adult Guardianships: What is an examining committee’s role in an incapacity hearing?

Uncategorized Feb 18, 2019
post about Palm Beach Adult Guardianships: What is an examining committee’s role in an incapacity hearing?

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.  

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West Palm Beach Guardianships : Comprehensive Examinations

Uncategorized Feb 18, 2019
post about West Palm Beach Guardianships : Comprehensive Examinations

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 

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Florida Guardianship Law: Proceedings to Determine the Competency of a Person

Uncategorized Feb 15, 2019
post about Florida Guardianship Law: Proceedings to Determine the Competency of a Person

What is a petition to determine incapacity? What happens when a petition to determine incapacity is filed?  How does the guardianship process in Florida work?  How are capacity and guardianship determinations reached? What tests are done to determine whether a person needs a guardianship or not? How can a Florida guardianship lawyer help you if you believe that an incapacity determination was unfairly reached? If you are involved in a Florida guardianship, you may want to read a recent Fourth DCA opinion, Cook v. Cook. 

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