Search Results: guardianships

What is a Florida guardianship? What is ward? What happens when a ward dies in Florida? Is the Florida guardian able to pay the ward’s debt? Does the guardian have to provide notice of proceedings regarding payment of ward’s debt to the beneficiaries of the ward’s estate? Why would the beneficiary of a Florida estate sue the decedent’s guardian? Adult Guardianships in Florida 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. West Palm Beach 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. In Florida, guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in West Palm Beach, or anywhere […]

Unfortunately, Florida guardianship lawyers encounter many cases involving financial exploitation of the elderly or exploitation of a vulnerable adult. Palm Beach guardianship lawyers and estate attorneys frequently receive calls from concerned relatives or friends regarding an elderly person being financially exploited or abused. What are the different ways that an elderly person may be financially exploited? How can you detect if your mom or dad is being financially exploited? What should you do if you believe that your elderly relative is being taken advantage of by a caretaker or “friend”? When do you need an experienced West Palm Beach guardianship lawyer? Alzheimers and Dementia Many financial exploitation of the elderly or exploitation of a vulnerable adult cases involve elderly people with dementia or Alzheimer’s disease. Due to their vulnerability, exploiters view people with mental illnesses as easy pray. If you suspect that your elderly parent, or disabled friend, is being exploited by his or her caretaker, you may want to read Florida Statute 825.103. You may also want to learn about Florida guardianships. Florida Adult Guardianships A family member can file a Florida guardianship for an adult who is no longer able to care for himself. A Florida guardianship can protect an elderly person or disabled person from being financially exploited as long as the appointed guardian can be trusted. In Florida, guardianship law is governed by Chapter 744 of the Florida Statutes. Soldatich v. Jones A January 22, 2020 Fourth DCA opinion, Soldatich v. Jones, is a great example of a Florida […]

What is an adult guardianship? When should I consider hiring a West Palm Beach guardianship attorney? What can I do if I feel my elderly mom is being taken advantage of by a caretaker? How can I make sure that my elderly dad, who has Alzheimer’s disease, is not financially exploited? Alzheimer’s Disease, Dementia, and Exploitation of a Vulnerable Adult As guardianship litigation lawyers, we at Pankauski Lazarus frequently encounter situations where elderly adults are being taken advantage of by those trusted to care for them. It seems that elderly adults with Alzheimer’s disease and/or dementia are targeted most frequently because these particular diseases, unfortunately, can make them vulnerable. Greedy caretakers, neighbors, or friends, who know of a person’s vulnerability, may try to financially exploit them. The idea of having a caretaker or neighbor exploit your vulnerable family member can be sickening. However, there are certain things that can be done to try to prevent this from occurring. Florida Adult Guardianships You may want to consider filing for guardianship over mom and dad if they are no longer able to care for themselves. The guardianship process in Florida is taken very seriously by West Palm Beach courts because guardianship proceedings involve rights being taken away if the alleged incapacitated person is deemed incapacitated. The proceedings to determine incapacity are generally controlled by Florida Statute 744.331, and the statute must be strictly followed. To learn more about the procedures to determine incapacity in a hearing, you should read Florida Statute 744.331 […]

What is a guardianship? When should you consult with a Florida guardianship lawyer? Do you have an elderly family member who is no longer able to take care of himself? How can a guardianship help you to protect your elderly mom or dad? Do guardians get paid? What should I know before filing to become the guardian of someone? West Palm Beach Adult Guardianships When most people think of a guardianship, they think of minor children. However, at our West Palm Beach litigation firm, we focus on adult guardianships. Any Florida guardianship attorney can tell you that guardianship litigation is booming. Unfortunately, many guardianships are filed to prevent or protect elderly family members from being taken advantage of by greedy caretakers, friends, neighbors etc. Oftentimes, we get calls from people who believe that someone is taking financial advantage of an elderly person. In other circumstances, the children of an elderly person call us because they believe their mom or dad is not properly caring for himself or herself. Guardianships are taken very seriously by the Florida courts because guardianship proceedings usually involve certain rights being taken away from the ward. The ward is the person who is subject to the guardianship. The right to marry and the right to contract are just two of the rights that may be taken from a ward during a guardianship proceeding. If a lesser restrictive alternative to a Florida guardianship, such as a POA or trust, exists the guardianship courts will consider them before […]

Does a Ward have a right to marry? If you are a Florida guardianship lawyer, or a family member involved with an aging or fragile adult who is subject to a guardianship, you will want to read the Fourth DCA’s March 2,2016 opinion in the Smith case.

Divorce law and guardianship law, why are there crazy issues? If you’re involved in a guardianship matter, such as mom or dad is accused of needing some help or believed to be incapacitated, you may need a guardianship action, and you may or may not need a guardian for mom or dad. Regardless, if a guardianship petition has been filed, there’s all these crazy rules about getting married or getting divorced. Why are there these crazy rules? Because when you have spouses in guardianships and you’re discussing marriage or divorce, the legal areas of family law collide with guardianship law. There’s a recent case from February 20, 2019. It’s the George case, the George case is a recent appellate opinion that deals with issues of marriage and trying to annul a marriage when a guardian petition has been filed. It’s from February 20, 2019. The District Court of Appeal is the Fourth District Court of Appeal. You can read the George case online for free by going to the Fourth DCA website and searching Opinions.

What is a petition for discharge in a Florida probate, or a Florida estate? Hello, my name is John Pankauski. I’m a litigation attorney at Pankauski Hauser and West Palm Beach. All we handle is Florida probate litigation. Including litigation involving estates, trusts, and guardianships. What is a petition for discharge in a Florida probate, or a Florida estate? That’s a request by the personal representative or the executor to close the estate down. But be careful, it’s a lot more than that. You need to read the petition very carefully. You need to respond in writing within 20 days because that petition of a discharge is going to talk about accounting, asset, expenses, attorneys fees, costs, and a plan for distribution of the assets. Know what your rights are when you respond to the petition for discharge. And remember, if you don’t respond, the law is not going to help you if you remain silent. That’s going to be set for a trial, or some type of a hearing. Know how to exercise your rights if you object to the petition for discharge, and make sure you do it within the required timeframe.

How to find a Florida probate litigation law firm. If you’re involved in an inheritance dispute or a probate dispute, you may need a litigator. That’s a different skill set and a different practice area than probate administration, being an estate lawyer or writing wills and trusts. If you need a probate litigation firm in Florida, you want to find somebody who limits their practice to this particular area. Somebody who’s got 20 years plus experience. Somebody who is in a boutique firm where all they do is handle this particular limited area of the law, Florida probate litigation. Somebody who’s not handling criminal work, divorce work, or anything like that. They’re in civil court, they’re in probate court all the time handling lawsuits, disputes involving wills, trusts, estates, and guardianships.

Unfortunately, financial exploitation of the elderly has become a huge issue throughout Florida. Palm Beach guardianship lawyers and estate attorneys frequently receive calls from concerned relatives or friends regarding an elderly person being financially abused. What are the different ways that an elderly person may be financially exploited? How can you detect if your mom or dad is being financially exploited? What should you do if you believe that your elderly relative is being taken advantage of by a caretaker or “friend” ? When do you need an experienced Florida guardianship lawyer? Florida Couple Arrested for Financial Exploitation of the Elderly A recent article by Fox News describes just one way that an elderly person can be financially exploited. Here, a Florida couple allegedly stole over $50,000 from the bank account of an 82-year-old veteran. They stole most of the money by placing threatening calls to the man. They would tell him that, if he didn’t pay, he would have to go to jail. The police became aware of this scam because the poor elderly man called the Veterans Crisis Center after discovering that his bank account had been drained. He told the Crisis Center that his bank accounts were negative, and that he didn’t know what to do other than to end his own life. To read the entire article about this Florida exploitation of the elderly case, click here. Power of Attorney Mis-Use The above article discusses how an elderly person can be financially exploited by a scam […]

West Palm Beach probate lawyers frequently encounter guardianship cases involving financial exploitation. Family members sometimes file incapacity proceedings in an attempt to help a person who is no longer able to care for themselves. These proceedings are called guardianships. Do guardianships guarantee that your your elderly parent or friend, who suffers from dementia, will not become the victim of financial exploitation? Fort Meyers probate lawyers know that guardianships can be very beneficial IF the right person, with the best interest of the incapacitated person in mind, is the guardian.