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Category Archives: Guardianship

Top 7 Elder Law, Senior Care Experts to Follow on Twitter

I thought it would be fun to create my own list of top Elder Law and Senior Care related twitter feeds that I enjoy following.  These are people that I follow from around the country who are the top in their field of law or who have business that help the elderly.  So, without further ado, here are my top picks (in no particular
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Making End of Life Decisions

Making End of Life Decisions Whenever I talk to people about creating a living will (which outlines important health care decisions that you want – and, not to be confused with a Last Will and Testament, which specifies who you want to inherit your assets and who will administer your estate at your death), the name Terri Schiavo usually comes up. Her situation is
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My special needs child is about to turn 18 – Am I still in charge?

I have been receiving an alarmingly high volume of phone calls over the last few months from individuals who have children with special needs that are about to turn 18 and they are panicked because they have been told they will lose the ability to make legal, health care and educational decisions for that child. I have written before about the importance of having
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Autism at 18: What can a parent do financially and legally?

My child is autistic and is about to turn 18.  Her doctor told me that I better look into a guardianship because I will not have any authority to control health care decisions or financial decisions once she turns 18.  Is this true? I must receive at least five phone calls a month from parents of disabled children asking this same question.  I have
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Florida Guardianship: What is the Role of Guardian?

Guardianship is a very serious matter.  A Florida guardian is expected to report to the court on an annual basis regarding how the Ward is being cared for, where the Ward is being cared for and the guardian is expected to provide an accounting to the court regarding the Ward’s funds.  Guardians are usually required to take an eight hour course once they are
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Florida Guardianship: Who may be appointed as guardian?

Who may be appointed as guardian?  Florida statutes state that any resident of the state who is sui juris (legally competent) and 18 years of age or older may act as a guardian of the ward.  Non-residents may also serve as guardian as long as they are related by blood, legally adoptive children or parents, or the spouse, sibling, aunt, uncle, niece or nephew
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Why is a Guardianship Necessary?

Why is a guardianship necessary?  A guardianship is a legal proceeding whereby an individual (the “ward) is determined to be incapacitated, their rights are taken away, and a guardian is appointed to take care of the ward and exercise the legal rights of the ward.   If someone becomes incapacitated and cannot handle their financial affairs or cannot physically take care of themselves, a guardianship
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Florida Guardianship: How does the state determine “incapacitation”?

How is someone found to be incapacitated?  Any person can file a petition with the court stating that they believe an individual to be incapacitated.  The court then appoints an examining committee of three people to evaluate the individual and render an opinion of whether the person is, in fact, incapacitated.  Usually, the committee consists of a doctor, a psychologist or RN and a
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How Do I appoint a Legal Guardian for my child?

I frequently get phone calls from parents with minor children asking about how they can appoint someone as the legal guardian over their child should something happen to them. The answer is pretty simple – you can sign a legal document designating an individual (or individuals) as guardian over your minor children. If you do not have something in writing (either in your Will
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