Category Archives: Guardianship Litigation
What Happens When You Refuse to Transfer Assets to a Legally Appointed Guardian in Florida?
When an adult Florida resident is incapacitated and unable to manage their own affairs, a court may need to step in and appoint a guardian. It is not uncommon in these situations for family members to litigate the question of who should be the guardian. But once the court renders judgment on the issue,… Read More »
Does a Power of Attorney Eliminate the Need for a Guardianship in Florida?
A Florida court can appoint a plenary guardian to serve as a legal decision-maker on behalf of an adult who is no longer capable of caring for themselves. A guardianship is only created as a last resort, however, and if the incapacitated person has a power of attorney or similar estate planning documents in… Read More »
How To Contest The Appointment Of A Guardian For An Incapacitated Adult?
For individuals who are incapacitated, it is vital that they have someone who can make decisions on their behalf. One way to ensure that this person is qualified and capable is by appointing a guardian. This individual must be approved by the court and has the responsibility of managing the financial and personal affairs… Read More »
Contesting A Guardianship
If you or your loved one is trapped in a guardianship that is no longer needed, it may feel hopeless and frustrating. However, there are legal options that are available to you. A guardianship is a legal tool that allows a court-appointed guardian to make financial and healthcare decisions on behalf of an individual… Read More »
Divided Florida Appeals Court Holds Guardian May Not Retain Deceased Ward’s Retirement Accounts To Pay Expenses
When an adult is no longer capable of caring for themselves, a Florida court may need to step in and appoint a guardian. A guardianship is typically necessary only when an adult has failed to execute a power of attorney or similar documents prior to becoming incapacitated. In the absence of such express wishes,… Read More »
The Problems That May Arise When Transitioning A Guardianship
An incapacitated adult (i.e., a ward) may require someone to serve as their legal guardian. Since a guardianship may last for the duration of the ward’s life, it is important for a current or potential guardian to consider provisions for transitioning to a successor guardian if and when it becomes necessary. It is important… Read More »
How Do You End A Florida Guardianship?
When an adult is unable to make personal or financial decisions due to a mental or physical disability, a Florida court can appoint a surrogate decision-maker known as a guardian. A guardianship is only necessary when there is no readily available alternative, i.e., the disabled adult did not have a power of attorney or… Read More »
How Having A Durable Power Of Attorney Can Affect Your Rights In Litigation
Under normal circumstances, a Florida power of attorney terminates when the principal becomes legally incapacitated. For example, if you sign a power of attorney giving your sister the power to manage your financial accounts, her authority ceases to exist if you fall into a coma. However, if you have a durable power of attorney,… Read More »
Britney Spears Case Brings New Attention To The Impact Of Adult Conservatorships
The ongoing legal saga of pop singer Britney Spears has raised awareness nationwide about the nature of adult conservatorships–or what Florida refers to as guardianships. The 40-year-old Spears has been under a California court-ordered conservatorship for the past 13 years. Elie Mystal, a legal writer for The Nation, explained that the conservator, Spears’ father,… Read More »
What Is A Florida Guardianship Examining Committee?
An adult guardian is someone appointed to exercise decision-making authority for an adult who is physically or mentally incapacitated. Guardianship is always a legal measure of last resort. A judge must consider any other available and less-restrictive option before appointing a guardian. To help safeguard the process, a Florida court will first appoint a… Read More »
Mark R. Manceri, P.A. is a boutique law firm that specializes in Estate, Trust and Guardianship litigation. These matters include Will and Trust contests involving lack of capacity, undue influence, forgery, improper execution and tortious interference...