Recent Blog Posts
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...
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...
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. ...
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...
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...
Florida Lawmakers Put Elderly on “Wait List”
Medicaid Managed Care in Florida A recent article published by the News Service of Florida points out that new Florida legislation enacted to "improve" care for seniors, will actually lead to more of the same...a wait list for the elderly in Florida. The Medicaid...
Are there Court Costs for all involved in the same estate planning case?
The court costs are separate from attorney's fees. Whomever opened the estate (usually the person wanting to be the personal representative) was the person who paid the filing fee to the clerk of court. However, if the estate planning case is contested and each person...
How can I protect my inheritance from creditors?
In order to fully answer this question, more facts are necessary. Did you receive a cash inheritance and pay off the mortgage on your home? Do you currently have creditors or are there any in the foreseeable future (i.e., possible lawsuits that you know may be filed...
Social Support Activities Lead to Better Quality of Life As One Ages
How important is social support as a person ages? This may seem like an easy question to answer. Most people would not choose isolation and loneliness versus spending time with companions. However, can lack of social support really hinder a person’s overall quality of...
Preparing for a Hurricane When you are Somebody’s Primary Caregiver
While hurricane season started six weeks ago, it’s the next 6-8 weeks that typically matter the most to those of us in Hillsborough County. That’s the time when we are most likely to incur a storm in our area. So, that means time is running out for those of us that...
More changes to the Florida Durable Power of Attorney Statute
Last time, I talked about some of the more relevant changes to the DPOA statute such as doing away with “springing” POA’s and how POA’s signed before the new statute is enacted (which is on 10/1/11) will be treated. Some other changes to the statute include the...
Florida’s New Durable Power of Attorney Statute
The purpose of a durable power of attorney (DPOA) is to provide the least restrictive alternative to having someone act on your behalf to make health care and financial decisions. The current DPOA statute (which can be found at Florida Statute Section 709.01 through...
It Has Been a Year Since We Filed for Aid & Attendance for My Father
By Melissa Howell It has been a year since we filed for the Aid and Attendance Pension Benefit for my Father-in-law, John. He is still comfortably situated in his assisted living apartment and receiving good health care from the staff. An important document that our...
Protect Florida’s Seniors: Tell Florida’s CMS Florida is not ready for Long Term Managed Care
I am elder law attorney, but more importantly, I am an advocate for the elderly. As we all know, the Medicaid waiver request seeks to expand the pilot project to include Florida's seniors under a long term care managed care model. Within this model, the managed care...
NO DATA … WRONG DATA … BAD DATA … DISASTER.
I am elder law attorney, but more importantly, I am an advocate for the elderly. As we all know, this waiver request seeks to expand the pilot project to include Florida’s seniors under a long term care managed care model. Within this model, the managed care...