In Florida probate court, familial relations matter. Who has standing to participate in a guardianship hearing? Does the next of kin of the Ward have standing to participate? A recent guardianship opinion from the Fourth District Court of Appeal discusses standing and a son’s participation in a guardianship hearing regarding attorney’s fees.
Why would Florida probate lawyers want to read a guardianship appeal in Iowa? Probate lawyers tend to encounter similar fact patterns in their cases throughout the country. Therefore, even though we are discussing an Iowa opinion, not a Florida opinion, there is much to learn from it. This particular appeal, In re Guardianship of Monkhouse, discusses a limited guardianship and what is required to show that a limited guardianship is necessary.
West Palm Beach probate lawyers know that probate judges view guardianships very seriously. This is because, if a person person is deemed incompetent and in need of a guardianship, certain rights may be taken away from them.
Florida guardianship attorneys know that guardianship litigation is booming. At Pankauski Hauser, we frequently handle cases in the guardianship courts throughout Florida. If an adult is deemed incompetent, perhaps due to a mental illness, he or she may need a guardian to help them with their finances, medical decisions, or even their every day tasks. A May 2, 2018 Iowa probate case discusses a limited guardianship. Although this is not a Florida opinion, West Palm Beach probate lawyers frequently encounter similar litigation.
What is guardianship litigation in Florida? What should probate attorneys know about guardianship lawsuits? If an incapacity proceeding is filed, does the alleged incapacitated person have a right to counsel? Does the alleged incapacitated person have a right to choose their own counsel or do they only get a court appointed attorney? A May 16,2017 First DCA opinion discusses this issue.
On February 16,2017, the Times Daily reports about an Alabama man who has been arrested for allegedly “exploiting, abusing and leaving his elderly father in what one authority called “deplorable” living conditions.” According to the article, Wesley Wayne McAlister deprived his father, who he was supposed to be taking care of, of electricity, water, air conditioning, and food. Furthermore, he took his dad’s debit card, got cash with it, and used the cash to buy illegal drugs. Although this is not a Florida case, similar cases of financial exploitation of the elderly frequently occur in Florida. How can you protect your loved ones? Do you believe that someone you know has been financially exploited? Do you need a West Palm Beach guardianship or probate attorney?
Has someone mis-used a power of attorney in Florida or taken a bank account from your elderly relative or grandparent? Do you believe that your dad’s caretaker is stealing from them? What should you do if you suspect that your elderly parents are being financial exploited by their caretakers? What is financial exploitation? Ask any Palm Beach guardianship lawyer and they will tell you that financial abuse of the elderly in Florida is a serious concern.
Florida’s Third District Court of Appeal ruled October 26, 2016, that the estate planning attorney for a deceased client must testify in an undue influence trial and will contest. The attorney objected to answering questions about his client disinheriting children. The trial court ordered him to testify. What is an undue influence trial? How can an attorney be required to testify when there is attorney client privilege? In Florida, what are the exceptions to the attorney client privilege?
On April 6, 2018, the 2nd DCA handed down its written opinion which explains under what circumstances a professional guardian is serving as Emergency Temporary Guardian may be appointed as permanent guardian.
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