Switch to ADA Accessible Theme
Close Menu
Fort Myers Estate Planning & Probate Lawyer
Free Confidential Consultation All Calls Returned The Same Day 239-333-4529
  • Facebook
  • Twitter
  • LinkedIn

Category Archives: Guardianship

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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
ElderLaw2

Preventing Elder Abuse in Florida Guardianships

By Kuhn Law Firm, P.A. |

Elder abuse is an all-too-common problem in Florida. The state’s most vulnerable residents are frequently the victims of unscrupulous strangers, caregivers, and even family members who take advantage of the person’s declining mental and physical condition. In theory, Florida law protects these individuals through the appointment of a guardian–either a close relative or a… Read More »

Facebook Twitter LinkedIn