Florida Guardianship And Conservatorship Legal Questions

In many states you and your wife can sign a Declaration of Guardian of Our Minor Children in Case of Need. A Will appointing someone executor is needed for someone to sell your goods, access your bank accounts and, if you have not designated a beneficiary, collect the life insurance proceeds.  Some lawyers include the Declaration of Guardian in the Will.  Because your children are minors, the Will should also provide that anything going to them will be held in trust until they are a certain age and that the trustee must make distributions for their health, education, maintenance and support.  The Will could provide that the executor will be the trustee or it could name someone else.... Read Answer

A person under guardianship can apply to have some or all of her rights restored.  Usually they just need to write a letter to the court.  The court will then appoint someone to investigate. Meanwhile, many states require a guardian of the estate (a/k/a conservator) to file an annual accounting.  Check the court records.... Read Answer

A Will does not name a guardian in case of later incapacity and has no legal effect until the person making it has died and a court admits the Will to probate (proving).  Advise your fiance to report the unsafe environment to APS and to the discharge worker at the hospital, which is not allowed to make a discharge to an unsafe environment.  He should then hire a guardianship lawyer to apply for guardianship.  While a spouse is given priority, the APS investigation and her own declarations that she is unable and unwilling to provide care should open the door for your finace to serve.  You might find a lawyer near you who is able to advise on applying for and managing the guardianship and accessing government benefits to pay for care on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read Answer

An exspouse has no legal authority unless the wife named him agent under a Medical Power of Attoney with that agency to survive the divorce.  It is not true that she has no other relatives, though they may be distant and unknown to you.  In some states, at some point either clergy or the hospital ethics committee could speak for her.  Contact a local elder law attorney to determine what Florida law provides.  You might use the Find a Lawyer function on he website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer

I assume the person with the $150,000 has already died.   If not, it would be better to change the estate plan to set up a trust for your granddaughter.   Your daughter would need to file for a guardianship of the property, with total cost of about $2500.   The child's father would have an equal right to be guardian, which could, depending upon the situation, be an issue.  ... Read Answer

You will definitely need to seek a guardianship in FL. Emergency temporary guardianships can be gotten fairly quickly, but guardianships are usually fairly expensive. This cost can depend somewhat upon on the county of residence. It may be more difficult to have you named as an out of state guardian. A bond may be required.... Read Answer

If you are certain his statements are true, you should meet with an elder law attorney in your area. For your information, paranoia and recalling things that are not true is common with dementia patients. That said, there are specific reasons per Florida statutes for the removal of a guardian. An elder law/guardian attorney can review those reasons with you and your brother. Astrid de Parry, PA (386) 736-1223 DeLand, FL... Read Answer

If you have been declared incapacitated, and a guardian has been appointed, you will not be able to execute a Power of Attorney. You may have two choices, 1) argue you have regained capacity, and are no longer in need of a guardian, or 2) argue that the current guardian should be removed, and a professional guardian should be appointed. Astrid de Parry, P.A. (386) 736-1223... Read Answer

Guardianship is a very intrusive process. Therefore, Florida law seeks the least restrictive alternative to guardianship. If your mother has a Durable Power of Attorney and Health Care Surrogate, she may not need a guardianship. If she does not, you should meet with an attorney who practices in the field of elder law. He or she can assist you with filing for guardianship. You may find the following article helpful: http://www.martindale.com/elder-law/article_Astrid-de-Parry-PA_1521160.htm Astrid de Parry, P.A. DeLand, FL 32724 (386) 736 - 1223... Read Answer