On Wednesday, November 4, 2015, in a detailed published opinion, the Fourth District held that the Public Guardian appointed by the Department of Elder Affairs cannot be forced to accept appointment as guardian in any particular case.
Congratulations to Robert Hauser of the Pankauski Law Firm PLLC of West Palm Beach, Florida, for his recent victory at the 4th District Court of Appeal.
On Wednesday, November 4, 2015, board certified appellate specialist Rob Hauser of the Pankauski Law Firm achieved a significant victory in a guardianship case on an issue of first impression in Florida. To read Florida’s 4th District Court of Appeal’s opinion in this Palm Beach guardianship case, click on this 4th DCA link: http://www.4dca.org/opinions/Nov.%202015/11-4-15/4D15-357.op.pdf
Everyone knows that there are a ton of retirees in West Palm Beach and Florida in general. Did your parents retire down here? Are you concerned with protecting your loved ones as they age? There are a number of ways to protect your family without babysitting them. You may want to consider a power of attorney or alternatively seeking guardianship. Do you know the difference between the two?
Do you have elderly parents retiring to West Palm Beach? Are you concerned about their welfare and finances? Experienced Palm Beach probate litigators know that there are ways to protect your elderly relatives and still let them enjoy life outside of a nursing home or similar set up. Do you understand the difference between guardianship and power of attorney in West Palm Beach?
Are you currently fighting against your kids in West Palm Beach guardianship (probate) court? Do you know your rights to oppose guardianship? Experienced Palm Beach probate litigators know that a guardianship may not be the right remedy to protect you, every time. Have your relatives considered less intrusive means such as a power of attorney? Do you know how to prevent an inappropriate guardianship? Check out this recent case out of the Fifth District Court of Appeals where a woman fought to keep the State out of her personal life, see how you can do the same with your adult children.
Do you know why you may need a West Palm Beach guardianship attorney while you are living in Manhattan? Do you have elderly parents that retired to Delray or Pompano Beach? If you are concerned about financial abuse or elderly exploitation then listen up, there are ways to protect your loved ones. Do you know how to file for guardianship in West Palm Beach?
Who’s watching over those guardianship attorneys to make sure that they charge a reasonable fee under the Florida Guardianship Code and under the Florida Bar Rules? Well, the answer is usually the Delray Beach guardian or the probate court in Florida. After all, in Florida guardianships, a person who is the subject of the Palm Beach guardianship, the alleged incapacitated person, or the Ward, if a guardianship is found to be necessary, pays the court appointed attorney and the guardian and the guardian’s lawyers. So, we all need to be mindful of what the ward’s money is being spent on, and that it is spent reasonably. A lot of family members can find it frustrating that Florida guardianships, or even health care or attendant care in general, gets to be expensive as our parents age and as they may be hindered by dementia or Alzheimers requiring a lot of care, or caretakers or round the clock care. Here is a guardianship case where an attorney for the Ward had his attorneys feesreduced. If you are interested in how some courts analyze whether a guardianship lawyer’s fees are reasonable or not, consider reading this June 16, 2015 Washington appeal opinion.
Once it comes time to probate the will everyone calls a West Palm Beach probate attorney. Did you know that West Palm Beach probate attorneys can also help you with guardianship issues? What does a West Palm Beach guardianship attorney do?
Is mother or father getting along in years and maybe, just maybe, slowing down? Perhaps you live in New York or New England or Cleveland or Detroit and mom lives in Boca Raton with a $4 Million revocable trust. Or dad retired to Palm Beach Gardens and has a $6 Million brokerage account. You are worried about your inheritance and, oh yes, we should not forget, you are also worried about the care, safety, protection and well being of your parent who is living in Palm Beach County. If a guardianship lawsuit is filed, here are 5 things to consider.