Tagged: guardianships

…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.”  Fla.

…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.

…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.

…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.

…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.

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.

…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.

…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.

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.