In Jacksonville (Duval County) Florida and other Florida cities the examining committee consists of three members. One must be a physician or psychiatrist. Each member must examine the Alleged Incapacitate Person (AIP). The examination consists of tree parts: 1) a physical examination 2) a mental examination, and 3) a functional…
In Jacksonville and other areas of Florida, once the Alleged incapacitated person is found to be incapacitated, he or she becomes a ward. The ward is entitled to have a qualified and competent guardian who: 1) must be at least 18 years old 2) a resident of Florida or a…
A Jacksonville Guardianship Attorney will always attempt to obtain a Limited Guardianship for his clients when ever possible. Generally in Jacksonville and around Florida, The courts must use the least restrictive means when establishing a Florida Guardianship. When a person has all of his /her rights removed they will have…
In Jacksonville and the rest of Florida a ward has many rights. Their Florida Guardianship Lawyer can work to maximize the rights that they retain. A ward or incapacitated person has rights that can be taken away, rights that can be delegated to the guardian, and the ward has many…
The process of finding someone legally incapacitated begins with the filing of a petition to determine incapacity. In Jacksonville and other areas in Florida the petition can be filed by any adult person. The subject of the petition to determine incapacity is known as the Alleged Incapacitated Person. As soon…
Legally Incapacitated Person: A person who has been determined by a court as not capable of handling his or her personal and financial affairs. A Florida Durable Power of Attorney, Florida Trust, Florida Guardianship, Florida Designation of Health Care Surrogate all deal with Legally Incapacitated persons. One may not be…
In Florida Estate Planning, Florida Guardianship Proceedings, and Florida Probate cases it is often necessary to setup a full or plenary guardianship. Guardian: an adult appointed by a surviving parent in his or her will or by a court, who is responsible for a minor child or legally incapacitated person’s…
Fiduciary: This refers to a person (or entity) that serves in a representative capacity. Personal representatives, trustees, guardians, conservators, and agents under powers of attorney are all fiduciaries. A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, and/or beneficiary. They are subject to…
A new problem has begun to surface in Florida Estate Planning. What happens if you use email, or other online services? Will your loved ones be able to act upon your behalf if you are incapacitated or unable to act on your own?
Florida residents who die with minor children should be concerned with who will raise their children? One of the most important reasons to have a will in Florida or any state is to have the ability to select the person who will take care of and raise your children. It’s…