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Category Archives: Guardianship

LegalLaw

Can a Guardian Go to Jail for Failing to Follow Court Orders?

By Kuhn Law Firm, P.A. |

When a Florida adult is considered legally incapacitated to make financial or healthcare decisions for themselves, a judge may need to step in and appoint a guardian. A guardianship is a significant responsibility. The guardian is required to comply with a multitude of laws and orders and must file periodic reports with the court… Read More »

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Guardianship

Georgia Court Reconsiders Legality of Guardianship Over Former Florida Resident

By Kuhn Law Firm, P.A. |

There are situations where it may be necessary for a court to place an incapacitated adult under a legal guardianship. Florida law authorizes guardianships whenever a judge determines a ward–the adult subject of the proceedings–is physically or mentally unable to manage their needs for any reason. Because a guardianship can significantly restrict the ward’s… Read More »

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Lawyer4

Legal Battle Over Miami Artist’s Paintings Continue Nine Years After His Death

By Kuhn Law Firm, P.A. |

When a Florida court establishes a guardianship for a living ward’s property, the guardian continues to act in that role even after the ward’s death. The guardian must first apply for a formal discharge from the guardianship court before any remaining property can be transferred to the ward’s probate estate. The guardian is also… Read More »

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ElderLaw4

Can a Florida Judge Appoint a Guardian Without First Conducting a Hearing?

By Kuhn Law Firm, P.A. |

An adult guardianship is often necessary to ensure someone has the ability to make legal, financial, and health care decisions for a physically or mentally incapacitated adult. But requesting a guardianship can be contentious, especially when the allegedly incapacitated adult objects. And even where there is evidence of incapacity, the courts must still respect… Read More »

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FathSon

Stories of Florida Guardianship Abuses Continue to Mount

By Kuhn Law Firm, P.A. |

An important consideration when making an estate plan is avoiding the potential need for a guardianship if you become incapable of managing your own affairs. Setting up a trust and other estate planning documents, such as a trust and a power of attorney, can go a long way towards protecting your rights. Unfortunately, even… Read More »

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ElderLaw3

How Do I Get a Court to Appoint a Guardian for a Family Member?

By Kuhn Law Firm, P.A. |

If you have an adult family member who is incapable of caring for themselves due to a physical or mental condition, it may be necessary to establish a legal guardianship for that person. A guardian is basically someone appointed by a judge to make decisions on behalf of an incapacitated person, who is known… Read More »

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Guardianship

Who Can Serve as a Florida Guardian When No Family Members Are Available?

By Kuhn Law Firm, P.A. |

Florida guardianships are often necessary to protect elderly and vulnerable adults from potential exploitation. A guardianship may be especially appropriate when an adult lives alone, has no immediate family, and is unable to cope with a recent physical or mental trauma without professional assistance. In such cases, a probate court may appoint an individual… Read More »

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ElderLaw

Florida Supreme Court Clarifies Restrictions on Marriage Rights for Persons Under Guardianship

By Kuhn Law Firm, P.A. |

Establishing a Florida guardianship means restricting a person’s legal rights. Under Florida law, this can include removing a guardianship ward’s right to vote, hold a driver’s license, seek employment, or even marry. And even when these rights are not removed outright, the courts may still impose certain restrictions if they are deemed in the… Read More »

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Guardianship

What Are the Rules for Establishing a Florida Guardianship?

By Kuhn Law Firm, P.A. |

Florida guardianship cases must follow certain rules spelled out in state law. After all, when a guardianship is established, the subject loses certain legal rights, including the ability to make basic choices about their finances and living arrangements. It is therefore critical that the parties to a guardianship proceeding ensure the subject receives due… Read More »

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EstatePlan4

Palm Beach Court Rejects Efforts to Sue Professional Guardian

By Kuhn Law Firm, P.A. |

Florida guardianship practices continue to draw media and legal scrutiny. Recently a state court in Palm Beach brought an anticlimactic resolution to a long-running dispute over alleged guardianship fraud. The case reiterates the importance of careful estate planning to avoid the necessity for a guardianship in the event the worst happens to you. According… Read More »

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