Search Results: guardianship

Are your parents aging while living in Florida?  When they do, Florida probate lawyers know that your parents sometimes need assistance.  Whether it’s nurses aids, emotional support, or assistance with bill-pay orfinancial matters, your parents need, usually, or typically, help as they age. And while a Palm Beach Estate Lawyer can try to avoid a public guardianship of your mom or dad with a good Boca Raton estate plan, like a power of attorney, living revocable trust and health care proxy or surrogate, sometimes a guardianship is un-avoidable.  Especially if adult children fight over mom or dad’s care.  Who will be the Florida guardian of your mom or dad? Who will controlmom or dad’s money and property? Who will be the personal guardian in Palm Beach Gardens to make decisions about their health care and medical issues?  A February 3, 2016 Palm Beach guardianship appeal dealt with two brothers who were at odds in a guardianship trial in Palm Beach Gardens probate court.  This case went on appeal to Florida’s 4th District Court of Appeal, the 4th “DCA”, in West Palm Beach.  Here is a copy of the appellate opinion for thisguardianship appeal Florida if you want to read it:  http://4dca.org/opinions/Feb%202016/02-03-16/4d14-3830.CO-op.WR.dissent.pdf

Brother versus brother in a guardianship case out of probate court in Palm Beach Gardens?  Here is a February 3, 2016 opinion from Palm Beach appeals court 4th DCA about summary judgment and attorneys fees orders Florida guardianship affirmed on appeal: http://4dca.org/opinions/Feb%202016/02-03-16/4d14-3830.CO-op.WR.dissent.pdf

What do Florida residents and estate lawyers need to know about living trusts? Florida probate lawyers know these may be great alternatives to traditional estate planning. What else? They may be great ways to protect your assets in Florida in the event of disability. Want to learn more? Check out this recent probate appeal that all Florida trust lawyers should take a look at.

Florida probate attorneys do more than just will contests. What do you know about Florida guardianship litigation? Estate attorneys in Florida may be able to protect your loved ones and their property now, so that you are not scrambling to put the pieces back together after elder abuseor breaches of fiduciary duty in Florida. What do you need to know about Florida guardianship attorneys?

What do you need to know about guardianship in Florida? Florida  guardianship lawyers know that this is one of the hardest petitions for a client to decide to file with the probate court. Many people know of how guardianship can help with elderly wards but what about those who are incapacitated due to mental disability? A limited guardian may be a prudent choice, speak to estate attorneys Florida to learn more.

Why are guardianships a good option in Florida? Ask any Florida probate lawyer about the undue influence and duress a con person can place onto your loved ones. How can a guardianship in Florida help? It may be better to understand what a Florida estate lawyer and a guardianship petition can do for the benefit of your loved ones. Check out this recent article about a man in England who lost over $100,000 after financial abuse that may have been prevented with the help of a guardianship proceeding.

You’ve heard me say many times in this Florida probate lawyer commentary that guardianship law Palm Beach is a growing,expanding area of the law and indeed the service sector. Guardianships in Delray Beach areserious and, for good or ill, serious business.  You need accountants or CPA’s and book-keepers to keep track of all the money when someone is guardian of the property like Boca Raton bank accounts, checking accounts, and Boynton Beach brokerage accounts holding stocks and bonds and mutual funds. How does the probate court and family members and others who are “interested parties” in and to the guardianship know if the money–your parent’s money and maybe, just maybe, your future inheritance —  is being spent correctly, or, well, being mis-spent?  You need guardian lawyers Florida to comply with theGuardianship Code and Chapter 744 of Florida Statutes and you need, after all, a guardian, many times a profesional, third party, who is independent & objective from all family members like 2nd husbands or wives and adult step children. So, what can you learn from a recent, November 25 2015 Florida guardianship appeal issued by the 2nd DCA which you can read at this link: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2025,%202015/2D13-5840.pdf.  The case is Lutherna Services Florida, Inc. v. Dept of Children and Families, Case No 2D13-5840, 40 Fla. L. Weekly D 2641.

Many times, a contingency fee in a Florida guardianship can make sense for the Palm Beach Guardian, as well as the ward, or incapacitated, or incompetent, person, whom the Guardian is fighting for. Why?  Well, let’s say that your mother or father was aging, and a bit frail ,and susceptible to undue influence.  If, for example, a bad neighbor or “friend,” or in-law, or stepson, changed the title on your parent’s bank accounts or took money from  your parent,  you would want to go get it back, right?  Many times, when a Florida guardian is appointed, they get counsel, a Florida guardian lawyer to represent the guardian in the incapacity proceeding in probate court.  Probate courts in Palm Beach, Delray Beach, and Palm Beach Gardens, hear a lot of guardian cases andlawsuits.  But, often, the Florida guardianship lawyer is not a trial lawyer or litigator who will go sue someone to get the stolen money back, or to change back the title or ownership to the Boca Raton bank accounts.  Indeed, often, your mom, or dad, who now has a guardian, may not have all the funds or money to afford a probate litigation law firm Florida to sue the wrongdoer.  So, it is not uncommon for a guardian’s lawyer Florida to hire a guardianship litigation law firm West Palm Beach to try to get the money back and be paid on a contingency.

Are you upset with the current set up where your elderly parents manage  the family wealth through a family trust?Are you also trying to avoid future problems with Florida probate litigation? Talk to yourFlorida trust lawyer to learn the different alternatives for your elderly parents. What is the difference between a power of attorney and a formal guardianship?

Do you plan on leaving a substantial inheritance to a minor in West Palm Beach?  You may want to consider setting up a trustbecause otherwise you will want to proceed through with a guardianship. Do you understand the difference between these two unique solutions to protecting your inheritance in West Palm Beach?