Guardianship in Florida is a mechanism to protect those who are not mentally or physically able to take care of themselves. I have blogged previously about some of the various failings of the Florida guardianship system. A case out of the Fifth District in California shows these issues appear throughout the country. A woman lost her appeal to have a probate court’s order struck which appointed another woman as guardian of her daughter.
Florida Guardianship was on the minds of many as the Sarasota Herald has just put out a rather troubling piece. EntitledElder Guardianship: A well-oiled machine the report outlines how Florida is pretty good at getting you a guardian and not so good at ensuring you are actually guarded. The report broke my heart as so much of it was spot on as you will soon see.
Guardianship proceedings can be a strenuous and expensive thing. Often you want an elderyly parent to be taken care of but they are not prepared to fight the fight. You will have to tell them that you do not feel they can take care of themselves, whether it be in the court room or prior to the hearing. A case out of Florida that was decided March 4, 2015 discusses a common scenario the court has to decide who pays for all the costs of guardianship, and keep in mind its usually the elderly ward.
In Florida there are two primary forms of guardianship, involuntary and voluntary. Although the large difference is obvious by the name there are intricacies between the two that you need to know and evaluate before considering a guardianship in Floirda. A recent case from February of this year, Whiting v. Whiting highlights the necessary differences quite well but for the best and most clear answers always consult an experienced Palm Beach Probate Attorney.
In 2015 people move around a lot. Lets say you have an eldery parent that you feel requires a partial guardianship (as opposed to full guardianship) over some part of their lives, maybe medical decisions or large financial decisions etc. Well maybe Mom lives up in New York during the summer and spends her winters down here in Palm Beach or Boca. Once more she still owns that old ski house in Boulder that she takes her friends to for vacations. OK, so where do you file for guardianship. The truth is it depends because not all States have the same guardiansip laws.
I have talked about guardianship in Florida before and how it is a great way to protect the marginalized especially unprotected youths and the mentally incompetent. In an aging demographic like Florida it is important to have a great guardianship program or a lot of money could fall through the cracks. Unfortunately Florida’s guardianship program is underfunded. Last May, New Timespublished an investigation into abuse in Florida’s guardianship programs. The report showed that in cases across the state, court-appointed guardians were taking advantage of the elderly and incapacitated people they were supposed to protect. I am pleased to report that nearly a year after this expose Florida may be getting overhaul it needs and deserves.
Guardianship is a vehicle in state courts that allows for a guardian to be appointed by the court to watch over various faculties of an incompetent person or minor ward. These vary from control over bank accounts and assets to full guardianship including overseeing daily life. Today, February 26, 2015 the Supreme Court of Appeals of New York (which is not the highest court in New York, this is a misnomer it is the functional equivalent of the District Courts here in Florida) handed down a particularly sad case that highlights three things you need to know if you want to contest a guardianship in Florida.
Guardianship is an expansive and flexible remedy in Florida that can serve a variety of purposes. Two things tend to spur aFlorida guardianship, a person may be judged incapacitated or a minor may receive assets in excess of $15,000. An incapacity hearing is typically actually two hearings. The first hearing will be focused on whether or not the person is incapacitated while the second is where the court will appoint a guardian.
In Florida guardianship is a way to protect a minor or other ward that may not be able to protect themselves. When a guardian is abusing their powers this poses a big problem after all who has the legal duty to oversee that? The answer would appear to be the probate court however you maybe surprised to the limitations placed on the Court in this regard. A recent Appeal Court decision in the Third District illustrates this point well.
In certain circumstances a court may stray from the terms of a trust when it is in the best interest of an interested party. In the recent case of Rene v. Sykes Kennedy the Court dealt with a case where a woman was trustee of a revocable trust and she was declared incompetent due to senility. The woman’sguardian, her sister, sought to become trustee but the granddaughter protested as under the terms of the trust she became trustee.