Can a Marriage be Prevented in Florida? We often get questions about whether the Fundamental Right to Marry Extends beyond Incapacity? The state constitution of Florida offers every citizen basic fundamental rights. One of the most important of these rights is a Florida resident’s fundamental right to marry. The right…
News and Important information for Seniors and their Families. In this issue, we discuss the following topics. How to Bulletproof your estate plan Trying to treat siblings equally The importance of taking the emotional value of family heirlooms into consideration Taking previous loans or gifts into consideration Proving you’re of…
Petitioning a Court to become the guardian of an adult is, unfortunately, not a cheap process. Many clients are very shocked to find out just how expensive becoming the guardian of a loved one can be. Not only are their court costs that have to be paid, but there are…
Florida Statute 744.331 outlines the legal process that must be followed in order to have an adult deemed incapacitated in Florida. Per the Florida Statute, the process begins when a concerned family member, friend, or other interested party files two separate petitions with a Florida Court. One petition is the…
It is a very common practice as people age for them to visit an attorney for estate planning and execution of a Power of Attorney in order for safeguards to be put in place and to select a trusted family member to manage their assets, should they ever become unable…
In Florida, a court appointed guardian is held accountable by the court system in multiple ways, thus safe guards have been put in place to protect a ward’s assets and health. Each year the guardian must file an annual accounting with the court, which is first reviewed by the clerk…
Guardianship of an Adult Obtaining the guardianship of an adult is not a long drawn out process as one might think. If everything goes smoothly and it is not contested by anyone, a guardian is generally appointed in roughly 30 days. Once you have obtained an attorney and a Petition…
The short and quick answer is yes, it is a possibility, but you should first be familiar with applicable Florida Statutes and some definitions before proceeding. A Nomination of Successor Guardian is a document drafted and notarized by a current guardian of an incapacitated person. It names who the guardian…
Has your loved one been deemed incapacitated by a court order and had a court appointed guardian over their person and property? Do you believe the court appointed guardian is improperly taking care of your loved one and managing their assets in their best interest? Are you concerned for your…
In Florida, a voluntary guardianship over a person’s property is available for a competent person who is unable to manage his or her own financial affairs. To begin the process, the person seeking a voluntary guardianship files a petition with the court and is referred to as the petitioner. Once…