Guardianship is a relationship created by state law in which a court gives one person or entity (the guardian) the duty and power to make personal and/or property decisions for another (the ward). An article written by Brenda K. Uekert and Thomas Dibble. The article, “Guardianship of the Elderly” will…
Articles Posted in Guardianship
Florida Estate Planning Lawyer Site Goes Live
The new Jacksonville Estate Planning Lawyer Web site for the Law Office of David M. Goldman PLLC has gone live. This site will act as a hub for the Florida Estate Planning Lawyer Blog and the NFA Gun Trust Lawyer Blog. Its been a long month setting up the new…
How to Choose a Guardian for your children in Florida
For families living in Florida, choosing a guardian for their minor children is a primary reason why a Florida Will is such an important document to create and keep updated. Often choosing who will care for your children is a difficult decision. Many families find it the hardest decision that…
Guardianship and Durable Power of Attorney in Florida
Once an Agent (Attorney in fact) receives written notice which requires a signature, their powers under the Durable Power of Attorney are suspended until the court determines incapacity. The court may reinstate the Durable Power of Attorney for an emergency, when a petition if file upon the court showing the…
We the People franchise found to be practicing law without a license
There are many places to get advice on the Internet. Be sure when you are looking for legal advice, you are working with a licensed lawyer. Below is the finding of the Ohio State Bar in regards to one such service. We the People is a franchise that provides forms…
Voluntary Guardianship over Foreign Minor with Parents Consent
It is important to note that in Florida Judges will want to see proof that a child is in the United States legally prior to issuing a guardianship over the minor person. With the recent changes in security and immigration, there is concern about creating a legitimate reason for the…
Blogging from China
I am currently in Shanghai China for the next 5 days and then heading to Osaka and Tokyo for 3 nights each. I am planning to keep posting new issues to my blog while I am gone. In addition, I will be responding to emails and will be available over…
Family Member Disqualified as Guardian Because ofr Conduct
Major v. Rowe, 965 So. 2d 847 (Fla. 2nd DCA September 28, 2007) Appointment of a professional non-family Florida Guardian is appropriate even though a family member is willing to serve as a Florida Guardian for the ward. The court noted that “family members, if otherwise qualified, are generally entitled…
Contempt Overtruned for Son Hiding Incapacitated Mother
Graham v. Florida Dept of Children and Families (Graham II), 970 So.2d 438 (Fla. 4th DCA December 5, 2007) This is the continuing saga of the battle between Luke and Laurence over their mother Betty, who DCF had determined was in need of guardianship after determining “Luke is the son…
Florida Court Maintains Jurisdiction when Ward is Moved to Another State
Weissenbom v. Graham (Graham 1), 963 So. 2d 275 (Fla. 4th DCA August 1, 2007) – During the course of a Florida Guardianship Dispute between the wards two sons, one of the sons moved the ward from Florida to a “secret location” in another state. That son then arranged for…