Ripoll v. Comprehensive Personal Care Services Inc., 963 So.2d 789 (Fla. 3rd DCA July 18, 2007) The Florida guardianship court has the inherent authority to monitor a guardianship and to take action it deems necessary to preserve the assets for the benefit of the beneficiaries, including the authority to issue…
Miller v. Goodall, 958 So. 2d 952 (Fla. 4th DCA April 25, 2007) A daughter filed a petition to determine her mother’s incapacity and be appointed as guardian. The ward’s sister (daughter’s aunt) also filed a petition seeking to be appointed as plenary guardian. The court denied the sister’s petition…
A person is qualified under Florida Law to serve as a guardian if he or she: 1. Is over the age of 18 years of age; 2. Is a Florida resident; or a non resident who is: 1. Related by lineal consanguinity to the ward; 2. A legally adopted child…
In Florida, the powers granted by a Florida Guardianship expire when the ward dies. Often people try to use their powers granted by a Florida Guardianship to control aspects of the after death process. The guardian is without any powers granted by the guardianship once the ward dies. If you…
Recently we have notice that Hospice organizations are refusing to allow people to visit relatives or friends while under the care of Hospice. In these cases, the people were turned away because someone with a Power of Attorney was able to state that the person was not wanted. It is…
Britney’s dad had was appointed as conservator of her person and co-conservator of her estate, which means her dad is now in control of what Britney can do, who she can see, and he’s controlling all access to her bank accounts and credit cards. Over the weekend, Britney attempted to…
Florida residents who have minor children should consider executing a power of attorney which allows another to take care of their minor children medically if they are unable to do so or unavailable at the time. A medical power of attorney for a minor child is just another piece in…
Kimberly Palmer of U.S. News & World Report wrote an article on the Alpha Consumer Blog where she discussed these issues. Her reader wrote: My husband, who is retired, has dementia. He responds to credit card offers in the mail and charges things to them, even though he shouldn’t, because…
One of the most common questions I get is “What is the difference between a Durable Power of Attorney and a Guardianship?” Richard Shea an attorney in Connecticut who publishes the Connecticut Estate Planning & Elder Law Blog has a good description of each and the differences in an article…
Whenever a Florida estate planning lawyer represents two or more individuals, there is always at least the potential of a conflict of interest, even when the clients agree about everything. The same is true when a married couple needs a Florida attorney’s help with an estate plan. Depending on the…