Guardianship is a court proceeding whereby the guardianship court takes control of the affairs of a minor or incapacitated person. Unlike probate and trust law, guardianship laws and procedures are widely different from state to state, so competent legal representation is essential in any guardianship proceeding.
Florida Guardianship Questions and Answers
WHAT IS A GUARDIANSHIP IN FLORIDA? A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to
Are There Any Alternatives to a Guardianship for a Minor in Florida?
When a minor stands to inherit or receive property from an estate, insurance settlement or judgment, a guardianship for the minor may be required. If
Interested Persons In Florida Guardianship Entitled to Due Process
Due process is a common issue that comes up in cases concerning all areas of Florida law. In Flegel v. Swistock, due process rights were
Governor Signs Florida Guardianship Overhaul Bill Into Law (HB 5)
Florida Governor Rick Scott today signed into law a bill (HB 5) which significantly changes Florida guardianship law. The Act explicitly amends the text of
Next of Kin – No Standing to Petition Florida Guardianship Court to Change Residence
Standing in a guardianship proceeding can be confusing, and depends on the particular issue or petition at hand. The guardian is granted certain authority, and
Reduction in Fees Award to Successor Guardian and Successor Trustee Not an Abuse of Discretion
A court’s award of fees and costs is subject to a review under an abuse of discretion standard. In Pierre v. In Re: Guardianship of
Is a Guardianship Necessary to Hire a Personal Injury Lawyer for Minors and Incapacitated Persons?
In Re Guardianship of Deily, (Fla. 2nd DCA January 15, 2010). Whenever a minor or incapacitated person is injured and a lawsuit is warranted, the
Next of Kin Gives no Standing in Florida Guardianship Proceedings
Based on a recent appellate decision from Florida, “standing” in some guardianship matters has been severely curtailed to those persons with a direct interest in
Partially Incapacitated Ward Makes Valid Deed
When a person is found incapacitated and placed under a guardianship, the exercise of some or all of that person’s rights are exclusively delegated to
How to Obtain Guardianship Over Parent Florida
A parent starts making bad decisions, such as giving large sums of money away, refusing to take medication, and kicking out home health care aides.
When Is A Guardian Ad Litem Required for Personal Injury Settlement
Florida law has very strict rules regarding the representation of the economic interests of minors in legal proceedings. For instance, a minor’s parents can settle
Florida Probate Court Has Jurisdiction After Guardianship Proceedings
In many contested guardianship proceedings, issues can be litigated that effect the inheritance rights of the ward after the ward’s death. Indeed, many guardianship disputes