by Laurie Ohall | Sep 12, 2011 | Elder Law, Estate Planning, Guardianship, Long Term Care Planning
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...
by Laurie Ohall | Sep 10, 2011 | Estate Planning, Florida Laws, Guardianship
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...
by Laurie Ohall | Aug 30, 2011 | Estate Planning
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...
by Laurie Ohall | Aug 27, 2011 | Estate Planning, Florida Laws
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...
by Laurie Ohall | Aug 5, 2011 | End of Life Issues, Estate Planning, Florida Laws, Power of Attorney for Estate Planning
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...
by Laurie Ohall | Jul 30, 2011 | End of Life Issues, Estate Planning, Florida Laws, Power of Attorney for Estate Planning
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...
