Boyes, Farina & Matwiczyk

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Common Questions About Guardianships For Minors

July 6, 2016

For Florida parents with children under the age of 18, the naming of a guardian for minor children is an important part of an estate plan. Generally it is relatively simple to nominate a guardian and even though it may be difficult to talk about, a guardianship plan should not be put off. In this post we will address some common issues about establishing a guardianship for minors.

Before parents can select a guardian for their children, they need to consider the people in their lives who would be a good guardian….


Use of Preneed Guardian Designations

February 17, 2014

An individual’s personal decision to name a preneed guardian may prove to be vitally important.  A competent adult is permitted to select a preneed guardian by making a written declaration that names a specific guardian to serve in the event of the person’s incapacity.  Section 744.3045(1), Florida Statutes.  In the event that a proceeding to determine incapacity is initiated, a valid written declaration naming preneed guardian constitutes a, “rebuttable presumption that the preneed guardian is entitled to serve as guardian.” …


Probate Judge Gives Grandfather Guardianship Over Children

April 29, 2013

After a person dies, their assets that have been left behind must be properly distributed among heirs. However, along with physical assets, sometimes guardianship over other people who were dependents of the decedent must also be addressed. Usually, in Florida or any other state, these dependents are either children or elderly parents or relatives. One guardianship case regarding what to do with the children of a deceased mother was recently decided by a probate judge.

The guardianship case has a significant financial impact because there is approximately $800,000 at stake in this custody dispute….


Zsa Zsa Gabor’s Conservatorship Leads To Selling Of Home

April 19, 2013

When a Florida resident becomes older, it may be more difficult to take care of daily needs. In many cases, the person may require somebody else to make important decisions on his or her behalf. This is the situation in which former actress, Zsa Zsa Gabor, currently finds herself. The former actress is now in a conservatorship under her husband because she is incapable of making decisions for herself due to her ailing health.

The most recent major decision the husband has made is to sell the couple’s home, which they have lived in for almost 40 years….


Britney Spears Still Under Conservatorship After Five Years

February 8, 2013

Conservatorships are created for individuals who do not have the capability of managing their personal affairs on their own. In this type of legal arrangement, the control of a person’s financial affairs and management of his or her estate is delegated to a conservator. The person who is in need of assistance is known as the protected person in a Florida conservatorship.

Famed pop icon Britney Spears is currently one such protected person in a conservatorship….


Guardianship Hearing Of Deceased Officer’s Children Postponed

January 17, 2013

Police officers provide a necessary and valuable service to society. They help to protect the safety of the public as well as ensure that laws are enforced. This is why it is unfortunate when a police officer passes away in Florida or elsewhere. It can become even more complicated when the police officer has children he or she has left behind and there is a dispute over who should receive guardianship of them. This became the case for one deceased police officer’s family recently as the woman’s mother and the children’s father now both seek custody of the children….


Ariel Winter In Middle Of Guardianship Battle Amidst Abuse Claims

December 18, 2012

Abuse from parents is never an acceptable situation. Whether it is verbal, psychological or physical, abuse can be dangerous and detrimental to a minor. Now the question of whether Ariel Winter has been the victim of abuse at the hands of her mother is being debated in a recent guardianship dispute. Many in Florida know Winter as a teen actress on the television show Modern Family. She is now caught in the middle of a contentious dispute between her adult sister and her parents….


Woman With Down Syndrome Wants Out Of Guardianship

November 6, 2012

Guardianships are meant to protect the interests of individuals who are not capable of doing so themselves. However, determining which people really are not able to make decisions for themselves may not be straightforward. Many cases in Florida and elsewhere may be subjective and will depend upon interpretation. There are many instances when the ward does not believe he or she requires a guardianship. This is the situation in a recent case involving a 28-year-old woman with Down syndrome….


Exploitative Niece Forces Court-Run Conservatorship For Uncle

October 17, 2012

The elderly are an important part of society. With their experience and knowledge, they play an integral part in preparing the next generation for what lies ahead. That can make it seem particularly unfortunate when the elderly in Florida are abused and taken advantage of. This may have been the case with one 76-year-old man and his niece, who is being accused of exploiting her elderly uncle for financial gain. This caused the courts to put the elderly man under a conservatorship for his own protection….


No Need To Procrastinate With Estate Planning In Florida

August 29, 2012

Many people are waiting until next year before dealing with planning their estate, since they do not know whether new estate planning laws will be in effect by next year. Some people in Florida with a higher amount of assets are uncertain how future laws will affect their estate planning decisions. However, one should not procrastinate on something as important as planning one’s estate. Despite the uncertainty in the new laws, there are some tasks which could be taken care of regardless of any changes to the estate tax laws….