Tagged: guardianships

…After the “misunderstanding” that led to TJ Jackson being appointed emergency guardian of Michael Jackson’s children, the family has developed a plan for him to be a permanent co-guardian of the children. The crux of the plan is that Katherine Jackson, Michael Jackson’s mother, will be able to focus on raising the children, while TJ can focus on the financial and logistical parts of the guardianship.

…When a person becomes incapacitated, he or she is not able to make financial and other important decisions for himself or herself. At this point it is sometimes necessary to appoint an individual who can be legally in charge of making these types of decisions for the person. In Florida, this agreement is known as guardianship, and it becomes the legal responsibility of the guardian to act in the best interest of the incapacitated person.

…When a person becomes unable to make decisions for himself or herself, the court may step in and deem the individual incompetent. The next step is to assess the individual’s circumstances and to appoint a conservator for his or her benefit, when necessary. A conservatorship in Florida and elsewhere is meant to ensure the safety and well-being of someone who needs another party to look out for their own best interests.

…When a loved one is deemed incompetent or unable to make decisions on their own behalf, it is important for family members to make arrangements to protect their legal right to care for their loved one should the state or another party wish to intervene. Without ensuring legal guardianship in Florida, in some cases, another entity could step in to take control.

…The elderly are particularly vulnerable to being exploited by their caretakers. This is why the Palm Beach County Clerk and Comptroller started the county’s guardianship fraud hotline last October. The hotline has since received 57 calls, which have led to 13 investigations into possible fraudulent activity. The police have taken control of 12 of these cases.

For those whose occupation requires them to travel, obtaining guardianship of an elderly parent may become a difficult legal battle. Many times the local court, including those in Florida, will deny a guardianship request if the person requesting it is constantly traveling or out of town due to work or other reasons.

…It is becoming increasingly more common for children to grow up in the care of relatives other than their parents. This is especially true for states such as Florida, where this type of guardianship accounts for 40 percent of the children in foster care. Some critics argue that the state should increase assistance to children in these situations because the financial and emotional challenges faced by these children are significantly worse than other children.

For years Palm Beach County citizens who have gone through the judicial system have been thoroughly confused due to the large array of legalese bandied about during probate court proceedings. This language, whose origin dates back generations, has long been utilized to clarify certain aspects of court proceedings by trained legal professionals.

…When a person is no longer able to appropriately manage their own finances or make major life decisions on their own behalf a Florida court may determine that a guardianship or conservatorship is in order. This allows an agency or person to act as their guardian and act on behalf the incapacitated to ensure that their interests and well-being are protected.

…For the younger set, death is perhaps decades away. But that doesn’t mean estate planning should be too. As several legal and financial experts agree, it is important for young individuals and families to establish wills — or at the very least, appoint a guardian for minor children in the event of an unexpected passing.