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Florida Guardianship Law: Who has the Capacity to Enter into a Contract with an Attorney?

Uncategorized Jan 24, 2019
post about Florida Guardianship Law: Who has the Capacity to Enter into a Contract with an Attorney?

If the ward is determined to be incapacitated by a Florida guardianship court, does he or she still have the capacity to hire a lawyer? Can a ward reach out directly to an attorney to hire him or her as the ward’s attorney? Does a ward have a right to an attorney?  If you are involved in a guardianship in Florida, you probably want to know the answers to these questions. A recent Third DCA opinion, Jacobsen v. Busko provides the answers. 

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Attorneys Fees and Palm Beach Guardianships

Uncategorized Jan 22, 2019
post about Attorneys Fees and Palm Beach Guardianships

One of the hot topics for West Palm Beach attorneys and judges right now is attorneys fees. Are you involved in guardianship litigation in Florida? If you are, you shouldn’t assume that the court will permit all of the attorneys fees to be paid from the ward’s assets.That doesn’t always happen. The ward is the person who is deemed incapacitated and in need of a guardian.

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Florida Guardianships: What Rights May a Person Determined to be Incapacitated Lose?

Uncategorized Jan 14, 2019
post about Florida Guardianships: What Rights May a Person Determined to be Incapacitated Lose?

Have you just become a ward in a Florida guardianship? Were you appointed a Florida guardian? Have you been deemed incapacitated by a Florida guardianship judge? What is Florida Statute 744.3215? Did you know that if you are deemed incapacitated in Florida, certain rights may be taken away from you? Do you know what rights you now have?  If you are a ward in Florida, or involved in a guardianship proceeding, you may want to read Florida Statute 744.3215. It lists the rights that a person retains when determined incapacitated and the rights that may be removed.

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Florida Guardianships & The Right to Contract

Uncategorized Jan 11, 2019
post about Florida Guardianships & The Right to Contract

Did you know that certain rights can be taken away from you if you are deemed incapacitated by a Florida guardianship court? What can you do to protect yourself from becoming the ward in a Florida guardianship matter? How can an estate plan benefit you, even before you die? When should you consult with a Florida estate planning lawyer? How can an estate plan help you to avoid a guardianship?

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Does the Incapacitated Person in a Florida Guardianship Proceeding Have the Right to Hire a Lawyer?

Uncategorized Jan 10, 2019
post about Does the Incapacitated Person in a Florida Guardianship Proceeding Have the Right to Hire a Lawyer?

Are you involved in a guardianship in Florida? Are you facing a guardianship hearing in West Palm Beach or Miami? Do you need an experienced guardianship lawyer? Has your right to contract been taken away from you in a guardianship proceeding? If you are facing an incapacity proceeding, but have not yet been determined to be incompetent, can you hire your own Florida lawyer? What if you already HAVE been deemed incapacitated by the Florida guardianship court? You may want to read a recent Third DCA opinion, Jacobsen v. Busko. 

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Guardianships, Florida Law, and the Right to Contract

Uncategorized Jan 10, 2019
post about Guardianships, Florida Law, and the Right to Contract

Are you involved in a West Palm Beach guardianship? Does the ward want to hire a guardianship lawyer to represent him or her in the Palm Beach guardianship proceedings? Did you know that, if you are deemed incapacitated by the court, important rights may be removed from you? Can a ward choose which Florida guardianship attorney  he or she wants to hire? A recent Third DCA opinion, Jacobsen v. Busko, answers these questions. 

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Trusts, Guardianships,and Alzheimer’s Disease

Uncategorized Dec 14, 2018
post about Trusts, Guardianships,and Alzheimer’s Disease

Guardianship lawyers and trust attorneys in Florida encounter many people who have, unfortunately, developed Alzheimer’s disease and/or dementia. Alzheimer’s disease can prevent a person from being able to properly care for themselves. Therefore, sometimes, a guardianship is needed. Guardianship and estate planning lawyers know that there are ways to avoid a guardianship. There are also ways to insure that the people you wish to inherit from your estate will actually inherit. Contacting an estate planning attorney to draft healthcare documents and/or a trust before you, potentially, become incapacitated can be crucial, especially if you are the owner of an NFL team like Pat Bowlens. 

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Guardianship Lawsuits: What Happens if a Court Appointed West Palm Beach Attorney Fails to Contact His or Her Client?

Uncategorized Dec 12, 2018
post about Guardianship Lawsuits: What Happens if a Court Appointed West Palm Beach Attorney Fails to Contact His or Her Client?

Are you an alleged incapacitated person in Florida? Has an attorney been appointed to you by the court for your incapacity proceeding? What if no court appointed lawyer ever contacted you to help you with your guardianship hearing? As an alleged incapacitated person, can you hire your own counsel to represent you? If you are involved in a guardianship proceeding in Florida, you may want to read Campbell v. Campell.

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Florida Guardianships: Guardianship Lawsuits and Interested Persons

Uncategorized Dec 11, 2018
post about Florida Guardianships: Guardianship Lawsuits and Interested Persons

Pursuant to Florida 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 West Palm Beach and have a say in someone’s guardianship proceeding?  What do Palm Beach courts consider to be frivolous claims? Anyone who is involved in a guardianship matter in Florida should read St. Pete v. Osorio-Khor.

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