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When is a guardianship necessary in Orlando, Florida?

Uncategorized Feb 28, 2019
post about When is a guardianship necessary in Orlando, Florida?

What is an Orlando guardianship? Can a Palm Beach guardianship help to protect my mother who has dementia? Should I immediately file for a guardianship in Florida if I believe my mom can’t care for herself anymore? Guardianship lawyers know that guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida guardianship law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?

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Who Has Standing to Participate in a Florida Guardianship Hearing?

Uncategorized Feb 27, 2019
post about Who Has Standing to Participate in a Florida Guardianship Hearing?

Can you participate in a guardianship hearing of a random person? Who has standing to participate in a guardianship hearing in West Palm Beach? Does the next of kin of the Ward have standing to participate? Can the Ward’s sister participate? How about the Ward’s girlfriend? A guardianship opinion from the Fourth District Court of Appeal discusses standing and a son’s participation in a guardianship hearing regarding attorney’s fees.

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Florida Guardianship Procedures

Uncategorized Feb 20, 2019
post about Florida Guardianship Procedures

What is a guardianship? Do you want to learn more about adult guardianships in Florida? What is Florida Statute 744.331? When do you need to hire a Florida guardianship lawyer? What factors are considered when making a capacity and guardianship decision? 

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In Florida, Does a Ward Have the Right to Marry?

Uncategorized Feb 14, 2019
post about In Florida, Does a Ward Have the Right to Marry?

Are you worried that your incapacitated father will marry his twenty year old girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Palm Beach or Delray Beach? How can the right to marry be taken away? You may want to read Smith v. Smith.

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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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Marriage and West Palm Beach Guardianship Litigation

Uncategorized Nov 8, 2018
post about Marriage and West Palm Beach Guardianship Litigation

Are you worried that your incapacitated father will marry his twenty year old girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Palm Beach or Delray Beach? How can the right to marry be taken away? You may want to read Smith v. Smith.

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Dementia and Financial Exploitation in Florida

Uncategorized Sep 28, 2018
post about Dementia and Financial Exploitation in Florida

Florida probate and guardianship lawyers frequently encounter cases involving people with dementia.  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? 

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Conflicts of Interest with Florida Executors and Personal Representatives

Sep 12, 2018

What do you do if you’re involved in a Florida probate and estate and is a conflict of interest by the person that’s running the estate . Conflicts of Interests with Florida executors and personal representative, what do you do? My name is John Pankauski I’m an estate litigation attorney at Pankauski Hauser. The lawyers and appellate attorneys here.at out firm only handle trials litigation and appeals involving estates, probates, trusts, guardianships and business matters. We handle these matters throughout the State of Florida. What do you do if you’re involved in a Florida probate, an estate and there is a conflict of interest by the person that’s running the estate but some states call a executor, in Florida we call that person a personal representative. That person is running the Florida probate or the Florida estate. What do you do if there is a conflict of interest? Well the first thing you need to do is hire yourself a decent Florida estate litigation attorney. And I don’t just mean somebody who handles estates or probate but who actually tries cases and handles appeals. The next thing you want to do is think about filing a proper petition. Why? Because the law doesn’t help those who remain silent. The law helps those who speak up and exercise their rights. Third, you need to read about section 733.610 that’s the part of the Florida probate code that specifically speaks about conflicts of interest by someone who’s running an estate. There’s two […]

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Inheritance Rights of Spouses: How Long You Were Married Does Not Matter

Sep 12, 2018

How long you were married doesn’t matter. Love for good or bad does not matter, you will still inherit after your spouses passing unless you have waived your spousal rights. Inheritance rights of spouses. How long you were married doesn’t matter. Love for good or bad does not matter. Hello my name is John Pankauski. I’m a trial attorney who handles probate and estate disputes in West Palm Beach Florida. All the lawyers at my law firm handle trials disputes and appeals only in four areas. Estates and probate, trusts guardianships and business disputes and we handle them throughout the state of Florida. We often get calls from prospective clients who say hey, my wife or husband just died we were married but we weren’t living together for years haven’t talked to that person and the will leave something or leaves everything to someone else. Do I inherit the short answer is yes as long as it didn’t waive your spousal rights. Why? Because if you were a spouse, if you’re a husband or a wife and your spouse dies, the law doesn’t care if you were living apart. How long you were married. Whether it was a week or a hundred years. Whether the marriage was happy or not or whether you have even seen that person anytime recently. All that matters is where you validly married, was there a divorce If that’s a yes no set of answers, you inherit unless you waive those rights. In certain instances […]

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