Search Results: guardianships

Regrettably, there are a lot of “contested” guardianships. Every day, it seems, Florida Probate Judges must make difficult decisions. Guardianships have a couple of purposes. First, they determine whether someone needs assistance and protection if they are incapacitated. An aging or afflicted Florida resident may seem fine on the outside. But they may not be able, in the eyes of a judge, to exercise all their rights. They, and their property, money, may need management + protection. Second, guardianships often confirm or appoint someone to take care of that person who is vulnerable. A guardian or a Power of Attorney, or maybe a trustee for just the property. Many times, family members “fight” over who will control mom or dad. And their money. We have previously provided commentary on FLORIDA GUARDIANSHIPS. Now, let’s focus on how to fight guardianship Florida. Understanding Guardianship Law There are 4 really important things that you can read for free to understand Florida guardianship law. And learn how to fight Florida Guardianship. First, read the Guardianship Code. Chapter 744 of the Florida Statutes sets forth the law of Florida Guardianship. It can explain the TYPES of guardianships. Many times, people will file a motion or petition for EMERGENCY TEMPORARY GUARDIAN. This often upsets family members who are not given “notice” of this until a judge enters an order. There are also “plenary” guardianships. Or guardianships over just the property. Or, just the person. One of the most important rules is to file an appearance in […]

Learn if a Florida estate contingency lawyer can assist you with an inheritance, will contest or probate. Lots of family members want help with Florida probates. Maybe they want to file a will contest or object to the will. Maybe there is already pending an INHERITANCE LAWSUIT. Perhaps it’s more simple. They want an inventory, accounting and someone to explain their Probate Rights to them in plain English. Regardless. But good & experienced probate litigators are hard to come by. And when you do find one that you click with, she or he can be expensive. Is there some way for a client to hire good legal counsel without shelling out thousands in billable hours? Some refer to a Florida Estate Contingency Fee as the keys to the courthouse door. Let’s examine what that is and its pro’s and con’s for probate matters. We have previously written about Probate Contingency Fees. 5 Tips to Finding an Estate Contingency Lawyer Here are 5 tips on trying to find a great Florida Probate Litigator on an Estate Contingency Fee. First, find someone with 20 years+ experience. Like doctors, good lawyers develop over time. The more years you practice, the more cases you try. Hopefully, they are getting a lot better along the way. And, after 20 years of an active probate litigation practice, hopefully they “have seen it all.” Or close to it. Second, find a litigator, not just some probate lawyer. Litigators are more apt to take your case on an […]

The conservatorship of Britney Spears is in the news again. You may have read some of our blogs on Britney Spears and Florida guardianships in the past. After all, Pankauski Lazarus is one of the few boutique litigation law firms that restricts its practice to Florida guardianship trials. Let’s discuss a very recent update on the guardianship of Britney Spears, first reported in the New York Times. ( February 9, 2021: Britney Spears Conservatorship Case Heads Back to Court). Why do Florida families care about the Britney Spears Guardianship? What if Britney Spears Guardianship Was in Florida? Some states refer to an adult guardianship as a “conservatorship.” In Florida, most probate divisions of the Circuit Courts exclusively handle all guardianships. And, remember, Florida guardianships are not just for minors or those people who are under 18. “For good or for ill, guardianship lawsuits have increased in the 25+ years that I’ve been admitted to practice law in Florida.” says John Pankauski, Managing Member of Pankauski Lazarus, a boutique guardianship and probate litigation law firm. Well if the Britney Spears Guardianship was in Florida and not California, the Florida Guardianship Code would apply. Changing Your Guardian in the Guardianship Court In Florida, the “guardianship court” is actually the Probate Division of the judicial circuit where the alleged incapacitated person, or “ward”, resides. Probate courts have exclusive jurisdiction over Florida estates, Florida guardianships and most of the time Florida trusts. In the case of the Britney Spears Guardianship, Ms. Spears wants to […]

Wondering how Miami probate lawyers are helping clients in 2021 during the pandemic? Not to worry. While in-person appearances are rare in the Miami Dade probate court today, Miami probate lawyers may attend court hearings from their office. All they need to do is Zoom ! Florida Probate Courts Adjust to Law In a Pandemic Probate courts in Florida are probably some of the busiest in the nation ! After all, Florida is a large state, filled with wealthy residents. People continue to retire and move to the Sunshine State. Not only do Florida probate courts handle estates of deceased residents, but they also handle trust lawsuits and guardianships. Lots of work. So, you may be wondering how work can get done on a Florida estate or trust during the Covid-19 pandemic. Well, Florida courts, including the Miami probate court, have adjusted very well, and very quickly. One way that Miami probate lawyers have continued to help their clients with estates, probates and trusts is by attending hearings by Zoom. Yes, even though most probate courts have limited in-person appearances, many probate court judges in Miami Dade County permit hearings via Zoom— a videoconference, online platform that permits hearings, testimony, witnesses and the presentation of documents and other evidence. For free Miami Dade probate forms, click here: Zoom Video Conferences in Miami Probates And while Miami probate lawyers are content to attend court hearings via their computer, probate litigators are still going to court for in-person trials. “I had two, […]

Are you involved in Miami guardianship litigation? Are you a family member trying to become the guardian or prevent someone from being guardian? If you understand the difference between an “elder law attorney” and a serious guardianship trial lawyer, you are on your way to understanding Florida guardianship law! http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744.html Adult Guardianships in Miami-Dade At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When people hear the word ” guardianship”, they tend to think of minors. However, our firm handles guardianships over adults, not minors. Adult guardianships in Florida are frequently filed by friends or family. Sometimes they believe that someone is incapacitated and can’t care for him or herself. For example, a daughter may choose to file for guardianship of her mom who is struggling from severe Alzheimer’s or dementia. In certain circumstances, adults may be deemed incompetent, or in need of a guardian. Sometimes a disability or mental illness is preventing them from being able to carry out daily life tasks and/or make financial decisions. Miami guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Dade County or anywhere in Florida, you should refer to this chapter of the Florida Statutes. You should also consider interviewing an experienced Miami guardianship lawyer. Contested Guardianships There are different types of adult guardianships in Florida. Your Florida lawyer can tell you that there are limited guardianships and plenary guardianships. A limited guardianship allows a guardian to handle only […]

If I am subject of a guardianship in Miami, does that mean I do not have the right to make any decisions for myself? Miami guardianship litigation is serious business and it’s booming !! (for good or for ill, right?) What rights can a guardianship take away from a person deemed incapacitated in Florida? What is a ward in a Florida guardianship? All of these are good and serious questions which experienced Guardianship Litigators deal with in court every day. Can a ward get married? Can a ward vote? Can a ward hire his or her own attorney? Guardianships are serious as certain rights can be taken away from a person deemed incapacitated. If you are considering petitioning for guardianship over someone, you may want to read Florida Statute 744.3215. Florida Guardianship Law 744.3215 This Florida statute is very important as it outlines the rights a person determined incapacitated retains and which rights can be removed. Here are rights that can be removed by a guardianship court in Florida: 1) right to marry 2) right to enter into a contract 3) right to vote 4) right to personally apply for government benefits 5) right to have a driver license 6) right to travel 7) right to seek or retain employment 4) right to sue and defend lawsuits 5) right to manage property or to make any gift or disposition of property 6) right to determine his or her residence 7) right to consent to medical and mental health treatment 8) right make […]

We provided other FREE LEGAL COMMENTARY on TEMPORARY INJUNCTIONS. Now consider: What if a Miami court tells me one thing but the official order says another? You should consider reading a recent opinion, Soldatich v. Jones to learn more. Miami appeals and injunctions is a topic that seems to be coming up more and more recently. Do you need a Florida appeals lawyer to help you? Or an injunction attorney? (Yes !!) Miami Injunctions + Adult Guardianships Miami guardianship attorneys are sometimes hired to file a petition for injunction against exploitation of a vulnerable adult per section 825.1035 of the Florida Statutes. In addition, a Miami lawyer may be needed file other petitions for injunction if the situation deems necessary. Guardianship litigation or Miami injunction lawsuits can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. It’s also important to note that, if you win your case, the other side may appeal. Therefore, it’s smart to anticipate the possibility of having to hire an experienced Miami appellate attorney. Hiring a Miami Injunction Attorney If you are in the process of hiring a Miami law firm to file a petition for injunction on your behalf, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, as any litigator can tell you, appeals do […]

Are you considering filing for guardianship over a loved one? It may be difficult to do when your mom or dad are slowing down. Or faltering. But advanced age and decreased mental acuity can make loved ones susceptible to financial abuse. Adult Florida Guardianship is one way to ask a Probate Court for help. And to protect your parents’ property and their health. To read a host of FLORIDA GUARDIANSHIP topics and commentaries on the law, CLICK THIS LINK. Guardianships in Florida At Pankauski Lazarus, we frequently encounter family members who are concerned about elderly relatives and wish to file guardianships. However, it is important to consider all of the facts prior to petitioning. Is the person you are concerned about incapacitated? Does he or she suffer from dementia or Alzheimer’s? Does the person go to the grocery store and bank on his or her own or require assistance? Is the person taking care of him or herself? Also, it is important to consider the costs of filing a guardianship. Guardianship litigation can become pricy, especially if the guardianship is contested. Will your brother or sister fight you for guardianship of your mom? Chapter 744– Florida’s Guardianship Laws There are a lot of rules to help you along in the Adult Florida Guardianship process. Miami guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Miami, or anywhere in Florida, you should refer to this chapter. An experienced Florida […]

What is an adult guardianship? What are the duties of a guardian in Florida? Does a guardian have to file annual accountings with the Florida guardianship court? What happens if a guardian fails to provide a timely annual report? Florida Adult Guardianships At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children of the elderly file a guardianship to protect their mom or dad who is suffering from dementia or Alzheimer’s. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. Florida guardianship courts take guardianship proceedings very seriously because these proceedings can result in a ward’s rights being taken away. The “ward” is the person subject to the guardianship who has been determined to be incompetent or incapacitated. It is important to remember that, even if somebody is deemed incapacitated by a probate court judge in Florida, the court may not appoint a guardian if there’s a lesser restrictive alternative that adequately addresses the incapacitated person’s needs. For example, a power of attorney and a revocable trust may prove to be sufficient. West Palm Beach guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Palm Beach or anywhere in Florida, you should refer to this chapter. You should also consider interviewing an experienced guardianship lawyer who can answer your […]

What is an appeal? When might I need a Florida appellate attorney in my guardianship case? When do you need to hire a Florida appellate attorney? What guardianship orders are appealable? What can I do if I do not agree with a judgment issued in my West Palm Beach guardianship proceeding?How can guardianship litigation lead to a guardianship appeal? Florida Guardianship Litigation and Appeals Florida guardianship lawyers know that some guardianship proceedings can lead to an appeal. For example, if you disagree with a final judgment or order, you may wish to file an appeal. On the other hand, if you win, the other side may appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. Hiring Florida Guardianship and Appellate Lawyers If you are in the process of hiring a Florida law firm to assist you with guardianship litigation, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the guardianship world, appeals do occur. What if you win a lawsuit and the other side decides to appeal? You will want to make sure you have an appellate attorney, who is knowledgeable about both the Florida Rules of Appellate Procedure and Florida Guardianships, ready to assist. At Pankauski Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by […]