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.
Pursuant to Florida guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court West Palm Beach and have a say in someone’s guardianship proceeding? What do Palm Beach courts consider to be frivolous claims? Anyone who is involved in a guardianship matter in Florida should read St. Pete v. Osorio-Khor.
Who may be subject to a guardianship in Florida? What do I do if a family member files for guardianship of me? What happens if I am deemed incapacitated by a West Palm Beach guardianship court? When should I hire a Florida guardianship lawyer? What if I don’t like the court appointed attorney? As an alleged incapacitated person, can I hire my own lawyer? What is Florida Statute 744.331?
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.
An August 3, 2016 appeal out of the Fourth District Court of Appeal sheds some light on how to get sanctions against the other side for frivolous lawsuits. Have you heard of Florida Statute, section 57.105? This statute may be able to get you attorney’s fees in West Palm Beach probate. However, this case shows that it is not as easy as you may think.
Are you involved in a West Palm Beach guardianship? Are you facing a guardianship hearing in Orlando? Do you need an experienced Palm Beach litigation lawyer? Has your right to contract been taken away from you in a guardianship proceeding? If you are facing an incapacity proceeding, but have not yet been determined to be incompetent, can you hire your own Florida lawyer? You may want to read a recent First DCA opinion, Campbell v. Campbell.
Can a Ward get married? Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?
What is a Florida guardianship? When is a guardianship necessary? Can a Palm Beach guardianship help to protect my mother who has dementia? 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?
What happens if you have a child and the child’s father is incapacitated or the subject of a guardianship and a trust is set up. Guardianship and Trusts, when you’re not an interesting person and can’t participate in legal matters regarding the trust. Hello my name is John Pankauski. I’m a trust litigation attorney. What happens if you have a child and the child’s father is incapacitated or the subject of a guardianship and a trust is set up. What if they file a motion that says you as the parent of your child are not an interested person in the trust. Do you have the ability on behalf of your minor child to still learn about that trust? Well a similar issue was decided by Florida’s Fourth District Court of Appeal in March of 2018 in the Tenzer guardianship. It was decided March 21st 2018 and it deals with those issues. Under what circumstances are you an interested person in a trust that set up for somebody else in a Guardianship and what if you didn’t appeal the order that says you’re not interested in that trust, then you may be prohibited from ever being involved with that trust.
It’s important to keep abreast of how other states are handling guardianship cases. You know guardianship litigation and guardianship filings for adults are rising throughout the country. Here in Palm Beach County and throughout Florida, probate court judges now have an increasing number of cases dealing with guardianships of adults, not minor children. So what are other courts doing in the rest of the country. Well you can read about that by reading appellate opinions from other states and many times you can read them for free. If you want to learn about guardianship proceedings and what the nature of a guardianship proceeding is all about, consider reading a very recent case May 29th 2018 from an Ohio opinion. It’s the matter of guardianship of Rosenberger. You can read it at 2018 WL 244-0498. Many times guardianships are not supposed to be contested or adversarial or mean-spirited but sometimes family members fight to control mom, control dad and who’s going to control the money in a guardianship. All these answers and in your queries to other questions about guardianship can be answered by an experienced trial lawyer who also handles guardianship matters.