What is the doctrine of forum non conveniens? When can the doctrine of forum non conveniens be useful in your Florida probate lawsuit? What should my West Palm Beach estate lawyer know about the doctrine of forum non conveniens? A recent July 26,2017 Fourth DCA opinion revolves around a motion to transfer for improper venue or forum non conveniens.
Increasingly, for good or for ill, guardianship litigation is exploding in West Palm Beach, Orlando and throughout the entire state of Florida. Families are going to the probate court and creating a guardianship for their mom or dad, or some loved one or neighbor, who is not able to care for themselves. What do you need to know about guardianships in Florida and what are 5 things you should really consider before filing for one?
Guardianship lawyers frequently receive calls from family members who are worried about an elderly relative. Perhaps. the family member believes that the elderly relative is suffering from dementia and being taken advantage of by a caretaker or POA. Sometimes a guardianship is recommended by a probate lawyer to protect the person with dementia. Do you believe your elderly mom or dad is being taken advantage of? Does your grandmother have dementia? Do guardianships guarantee that your your elderly parent or friend, who suffers from dementia, will not become the victim of financial exploitation?
Probate Litigation Attorney John Pankauski explains everything you need to know about guardianship cases in Florida, specifically adult guardianship. 5 Scary Things About Florida Guardianships I. Introduction II. What is a guardianship for an adult? III. Why is a guardianship needed? IV. What laws govern a Florida guardianship? V. Guardianship terms, teams and the players – POA – Your Trustee of your Revocable Trust – Health Care Decision maker i. Health Care Advanced Direction ii. Health Care Proxy iii. Medical Durable Power of Attorney iv. DNR v. Living Will – Spouse – Interested persons: who has a say in my guardianship? – The Judge VI. 5 Scary Things – We just took away your right to make decisions – We just took control over all your property – We are putting you on a budget – Your spouse and kids just spent your money fighting in guardianship court – We are ignoring your Florida estate plan VII. Conclusion
What does it cost to have a Palm Beach estate plan prepared for me by an estate planning lawyer? How expensive is it to get a trust or a will written? Pankauski Hauser limits its practice to disputes, trials, and appeals involving Florida wills, trusts, estates, probates, and guardianships. Therefore, we don’t draft estate plans and we don’t write wills or trusts. However,a lot of people call us and ask how much they should pay to have an estate planning lawyer draft a Florida trust or Palm Beach estate plan for them.
What Florida law governs motions for a transfer in venue? Can a trust and estates case be transferred to another venue that is more convenient for the parties and witnesses? When is a transfer of venue proper? What factors must the court consider when determining whether a probate case should be transferred to a different county in Florida? What is Florida statute 47.122? What should my Fort Lauderdale trust lawyer know about the doctrine of forum non conveniens? A recent July 26,2017 Fourth DCA opinion involves a motion to transfer POA litigation from Broward County, Florida to Seminole County, Florida.
You might be surprised by all the inheritance lawsuits filed by probate litigators in Florida over bank accounts. And, there is a growing number of published Florida appeals court opinions on these lawsuits, providing more legal guidance to estate attorneys who litigate bank account suits.
Back in September of 2013, Florida’s 2nd District Court of Appeal issued its opinion in the Searle v. Bent case, 137 So. 3d 1028 (Fla. 2nd DCA, 2013). This involved a guardianship of an adult, actually someone’s mother, not a minor child. Many people think of a guardianship as being a legal proceeding for a minor, but that is certainly not always the case. In Florida, guardianships for adults are very common. And, for good or for ill, so is guardianship litigation.
Two significant rulings occurred for those who seek admission to a care facility, which elder law attorneys, and even personal injury lawyers, should take note of. As we age, many of us require additional services and attention. Florida, for example, has a robust elderly population, and in response to the graying of America, a number of nursing homes, assistant living facilities and other care facilities have opened up and expanded. When being admitted to a care facility, many times, the admission documents, or contract, contain a mandatory arbitration provision, providing that any disputes between the resident or patient, and the care facility, should NOT go to a state or federal court, but rather to arbitration. If this sounds like a contract with your stock broker, you are right on the money.But are these mandatory arbitration provisions appropriate? What if the resident or patient is not well enough to admit himself or herself and an adult child or POA signs them in? Can that adult child or power of attorney (attorney in fact, in Florida) who signs a contract with the care facility bind the patient or resident to a mandatory arbitration provision? Well, it depends…………..
What is a Florida Durable Power of Attorney? Why is it an important part of an estate plan Palm Beach? What are the benefits of having a Florida Power of Attorney?Do you understand the different between a durable power of attorney and a standard power of attorney? Chapter 709 of the Florida Statutes contains very important information regarding Durable Powers of Attorney and your Boca Raton estate.