Category Archives: Guardianship Litigation
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 »
Incapacity Proceedings
When someone becomes incapacitated, a loved one will need to file an incapacity petition, which triggers a guardianship panel to convene and conduct a thorough assessment. At Mark R. Manceri, P.A., we routinely represent clients for these proceedings, including the alleged incapacitated person, family members, and other interested parties. The person who files the… Read More »
Involuntary Guardianship
When someone files a Petition in Probate Court that alleges a family member lacks the physical or mental capacity to manage their personal finances or property, it is called an involuntary guardianship. This is a complicated process, and filing the Petition doesn’t automatically mean the person is incapacitated. If the court appoints a Guardian,… Read More »
Differences Between Voluntary and Involuntary Guardianships in Florida
A guardian is someone the Court appoints to make decisions for a child or an incapacitated adult. The person who needs a guardian is known as a Ward. A guardianship position carries a great deal of responsibility as their decisions affect the Ward’s financial and personal affairs. The appointment of a guardian can be… Read More »
What is Guardianship Litigation?
A Guardian is someone who is appointed by the court to be the decision-maker for an incapacitated adult or a child, who is known as a Ward. When there is a dispute over some aspect of the guardianship, you may need to contact a knowledgeable and experienced Pompano Beach guardianship litigation attorney for assistance…. 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...