Having a Florida Guardian appointed involves two separate court determinations. The first court proceeding is the Incapacity proceeding where the Florida court determines whether the person is incapacitated as defined by Florida law. The second Guardianship proceeding is where the Florida court actually determines who will serve a guardian. All…
There seems to be articles misquoting the Suspension of RMDs by Congress. Congress has not suspended the 2008 RMDs. As of this time The Worker, Retiree, and Employer Recovery Act of 2008 is awaiting the President’s signature. One of the provisions of the bill is the suspension of required minimum…
Senior citizens in Florida are being warned to think before going to financial planning seminars and estate-preservation workshops that offer a “free lunch” or “free dinner” to lure seniors to attend. The Florida AG’s Office has received more than a dozen complaints from seniors enticed to attend a free meal…
Leanna Hamill, a Massachusetts Estate Planning and Elder Law Attorney, has an article on a new website Videocaregiving.org. She states that the videos are designed to be short, simple, and direct. They easily accessed by users 24 hours a day and cover the tasks and daily activities for caregivers. If…
A Michigan Estate Planning Lawyer Blog has written another article on Problems with Michigan Trust Kits. While we have reported on these issues many times in Florida, there appear to be similar problems in other states. Christopher Berry, a Michigan Estate Planning Attorney, points out that Michigan citizens have lost…
The National Care Planning Councel has an article on Elder Law Mediation as a non-adversarial approach to solving disputes. Mediation is a process of bringing two or more disputing parties together and having them mutually negotiate a solution to their disagreement. The mediator is not a judge and does not…
The 16th annual River Garden Gala will be held on Saturday November 8th, 2008 at the Sawgrass Marriott Resort. The Sawgrass Marriott Resort is at 1000, PGA Tour Boulevard, Ponte Vedra Beach, Florida. This event is to benefit River Garden Wolfson Health & Aging Center and is a Black Tie…
POWERS OF THE ATTORNEY IN FACT AND LIMITATIONS IN FLORIDA Except as otherwise limited by statute (below), by other applicable law, or by the durable power of attorney, the attorney in fact has full authority to perform, without prior court approval, every act authorized and specifically enumerated in the durable…
PROPERTY SUBJECT TO DURABLE POWER OF ATTORNEY IN FLORIDA. Unless otherwise stated in the Florida durable power of attorney, the durable power of attorney applies to any interest in property owned by the principal, including, without limitation, the Principal’s interest in all real property, including homestead real property; all personal…
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…