Guardianship

April 3, 2011

We Were Named One Of The Top 25 Estate Probate and Elder Law Blogs of 2011

estate-probate-elderlaw-winner-220x180.JPG-550x0.jpg I would like to thank everyone who voted for us. We were selected on of the Top 25 Estate Planning Blogs of 2011.

Now LesixNexis is selecting the top estate planning blog of the year and you still have the opportunity to vote for us one last time. Even if you did not vote in the previous selection you can still vote.

Step 1: You will need to be registered in order to vote. If you haven’t previously registered, follow this link to create a new registration or use your sign in credentials from your favorite social media site. Registration is free and does not result in sales contacts. Once you are logged in, you can then vote by checking the box next to your favorite estate, probate and elder law blog then submitting the results.

February 28, 2011

Wife loses Financial Support when Husband becomes Incapacitated

by Patricia Davis

A Florida family member is not always qualified to act as guardian for a loved one who has been determined to be incapacitated.

If you are the spouse or dependent of a person who has been deemed incapacitated under Florida Law, and who is under the control of a professional guardian, you may petition the court for an order directing the guardian of the property to contribute to your support from the property of the ward.

A Ponte Vedra Guardianship Lawyer can petition the court for the support of a person financially dependent upon a ward. The court may enter an order for suitable support and education of the dependent person out of the ward’s property which is subject to the guardianship.

December 7, 2010

Removal of Florida Guardian may be in the Best Interest of the Ward.

by Patricia Davis

A Florida guardian may be appointed to exercise limited or total powers over a ward (minor, elderly or incapacitated person). There are times when a Jacksonville guardian appointed by the court has failed to act in the best interest of the ward. If a Jacksonville Guardian fails to ensure that the ward is being properly cared for or is not managing the ward’s property and assets in a responsible manner, a family member, friend or interested person may have to take action.

Consulting with a Jacksonville Guardianship Attorney may be the first step needed to rectify a frustrating situation, when you feel powerless to protect a ward. The Florida statutes allow for a proceeding to remove a guardian upon a showing that one of the proscribed reasons has been met. Reasons for removal, among several, may be when a guardian has abused his or her powers, has wasted or mismanaged the ward’s property or when a conflict has developed between the guardian and the ward.

To obtain information about the procedure for removal of a guardian or how to terminate a guardianship, it is best to discuss your situation with a Jacksonville Estate Planning Law Firm who has experience in guardianship matters.

November 23, 2010

Guardianship for Developmentally Disabled

by Patricia Davis

Many people residing in the St. Augustine area, suffer from developmental disabilities. Unfortunately, as these individuals get older, the disease progresses to the point where the person is often unable to take care of and manage their own financial and personal affairs.

A Florida procedure can appoint a Florida guardian advocate for a person with developmental disabilities, without an adjudication of incapacity. One way this appointment can be accomplished is if the disabled person has voluntarily petitioned for the appointment of a guardian advocate. If the disabled person is able to care for some, but not all of his personal care and finances, a guardian advocate will be able to act for the disabled person in certain specified matters.

If you have a relative or friend that suffers from a developmental disability and you believe that this person is unable to care for themselves, contact a St. Augustine Guardianship Attorney to learn more about the process of being appointed a guardian advocate.

April 14, 2010

Jacksonville Trial Attorney

by David M. Goldman

A Jacksonville Trial Lawyer can be very helpful in the event that your dispute needs to go to trial. There are many different types of Jacksonville trial attorneys. The Law Office of David M. Goldman PLLC has Jacksonville Civil Trial lawyers as well as Jacksonville Criminal Trial Lawyers. We Deal with Family law, criminal, trust, will, estate planning, foreclosure defense, probate, guardianship, and asset protection issues. Many cases never go to trial and are settled by a Jacksonville Trial Attorney long before seeing a court room. If you would like t discuss your circumstances or what options you have to protect your rights please contact a Jacksonville Trial Attorney today.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

December 26, 2009

Jacksonville Florida Guardianship Lawyer helps those who are in need

by David M. Goldman

A Jacksonville Guardianship lawyer can help individuals who are not able to deal with their own affairs in a physical or financial manner. By having a person appointed through a Florida Guardianship Proceeding, an individual (the ward), appoints a person( the guardian) to help the ward in those areas where they do not want to or can not represent their own best interests.

A Florida Guardianship attorney can either help to represent the individual or represent others to make sure that the proper guardian is chosen and that they fulfill their fiduciary obligations. Often we find that guardians do what they want and not necessarily what is in the best interest of the ward. This can cause damages and can open the guardian to liability for the actions that they took.

If you or someone you know if in need of a Florida Guardianship or might have been taken advantage by their Florida Guardian, you should contact a Jacksonville Guardianship Attorney to discuss your situation and what options are available to you through Florida’s Guardianship proceedings.

July 23, 2009

When Is It Time to “Service” Your Estate Plan?

by David M. Goldman

If you own a car, then you know it requires regular servicing in order to perform well and be reliable. More than likely, your car came with a recommended schedule for service, based on how many miles it has been driven. After a certain number of miles, you need to change the oil, replace the brake pads, rotate the tires, and so on.

If you have a newer car, you probably have an irritating dash light that comes on when it’s time for service and stays on until the mechanic resets it. Either way, whether you pay attention to the odometer or rely on that dash light, it’s pretty easy to know when it’s time to service your car. And if you keep driving it without servicing it, it’s a sure bet your car will let you down.

Like your car, your estate plan needs “servicing” if it is going to perform the way you want when you need it. Your estate plan is a snapshot of you, your family, your assets and the tax laws in effect at the time it was created. All of these change over time, and so should your plan. It is unreasonable to expect the simple will written when you were a newlywed to be effective now that you have a growing family, or now that you are divorced from your spouse, or now that you are retired and have an ever-increasing swarm of grandchildren! Over the course of your lifetime, your estate plan will need check-ups, maintenance, tweaking, maybe even replacing.

So, how do you know when it’s time to give your estate plan a check-up? Well, instead of having mileage checkpoints, your estate plan has event checkpoints. Generally, any change in your personal, family, financial or health situation, or a change in the tax laws, could prompt a change in your estate plan. Use the list at the end of this newsletter to guide you.

It’s a good idea to review your estate plan every year. Set aside a specific time every year (your birthday, anniversary, family gathering) to review it. Keep these events in mind each time you read through your documents. If you think a change may be in order, don’t write on your actual document; contact your attorney. Most changes can be handled by a simple amendment that is attached to your current will or trust.

Planning Tip: Like your car, your estate plan needs regular “servicing.” Set aside a specific time every year (your birthday, anniversary, family gathering) to review it. Become familiar with it. Keep it current so it will perform the way you want when you need it.

What Do You Do with Your Estate Plan?
Think for a few moments about what would happen if you became incapacitated or died today. Would your spouse, family and successor trustees know what to do?
Continue reading

April 20, 2009

Faith-Based Estate Planning

by David M. Goldman

David A. Atraus, a Nevada Estate Planning Lawyer, has published a book titled Faith-Based Estate Planning: Our Values and Valuables. The book was written after contacting hundreds of religious clergy throughout the nation, and took him several years to write.

Upon a first glance, I was very impressed. The book covers Estate Planning issues like living trusts, wills, medical directives, long-term care insurance and life insurance on many religions including Baha’i, Buddhism, Christianity (10 denominations and branches), and 12 more religions from Roman Catholic to Judaism to Zoroastrianism.

It looks very comprehensive and I expect to write more on the book in the future.

April 15, 2009

Probate and Guardianship fees may increase by thousands in Florida

by David M. Goldman

SB 1718 & HB 5117 dealing with funding the court would create new filing fees in probate and Guardianship cases that would range from $1,000 to $5,000, depending on the value of the estate of the person being protected.

The increase in filing fees is linked to probate cases but includes all guardianship proceedings. In addition to the current fee of $280, the additional fees will be tied to the person’s estate. Depending on the value of the estate and whether the House or Senate version of the legislation prevails, the additional cost could range from $1,000, to as high as $5,000 if the person being cared for has a large estate.

If you have been waiting to start a Florida Probate or Guardianship proceeding, now may be the time start before the fees increase.

December 27, 2008

Jacksonville Florida Guardianship Process

by David M. Goldman

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 Guardians are required to be represented by a Florida Lawyer (See Florida Probate Rule 5.030(a) ), submit to a criminal background check, and take an 8 hour course in Guardianship duties within 9 months of being appointed.

Step 1: (Determine Capacity). See Florida Statute

Florida’s Guardianship Statutes have been written to protect our freedom and independence. Therefore, the courts presume a person has capacity and is able to make decisions on their own until adjudicated by the courts to not have capacity. (See Florida Probate Rules 5.550 and Florida Probate Rule 5.030(a)” target=new>Florida Statute 744.3201 for what must be contained in the Petition to Determine Capacity).