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.
Can A Guardian Terminate Life Support Without Court Approval?
The New Hampshire Supreme Court, in In Re Guardianship of L.N., determined that a New Hampshire guardian of the person has the power to terminate
Does a Guardianship in Texas End When the Ward Dies?
No, a Texas guardianship proceeding does not end after a ward dies until the work necessary to close the guardianship is complete. A 2019 Texas
Can a Person Subject to a Guardianship Make a New Will?
No, if the guardianship court takes away the right to make a new will. If the guardianship court has not taken away the right to
Florida Guardianship Questions and Answers
WHAT IS A GUARDIANSHIP IN FLORIDA? A Florida guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed
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. We
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, including guardianships. Violating someone’s due process rights is
Governor Signs Florida Guardianship Overhaul Bill Into Law (HB 5)
Florida Governor Rick Scott signed into new law a bill (HB 5) which significantly changes Florida guardianship law, effective July 1, 2015. The Act explicitly
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. This standard of review applies to fees
Is a Guardianship Necessary to Hire a Personal Injury Lawyer for Minors and Incapacitated Persons?
In In Re Guardianship of Deily, (Fla. 2nd DCA January 15, 2010), the court considered whether a guardianship was necessary to hire a lawyer for
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 Florida guardianship, the exercise of some or all of that person’s rights are exclusively delegated