Category Archives: Guardianship Litigation
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 »
Does a Ward in Florida have the Right to Marry?
Do you have a family member who is a “ward” under a guardianship and wants to get married? It’s understandable that you want to protect your loved ones from exploitation and abuse, especially if the Ward is elderly, but it’s also important to understand that the ward doesn’t want to sacrifice their fundamental rights… Read More »
Guardianship Appointment in Florida
If your family member or loved one becomes incapable of taking care of themselves, you might be considering asking the court to appoint them a Guardian. Florida law allows for the Court to appoint a surrogate decision-maker to make financial or personal decisions for incapacitated adults or minors. How Does the State Determine Whether… Read More »
Professional Appointed Guardians in Florida May Need Better Oversight
What is a Court Appointed Guardian? Courts appoint Guardians to children or incapacitated adults, called Wards. These Guardians make decisions on behalf of the Ward. Depending on the situation, the Guardian may have exclusive or partial control over the person’s financial and personal affairs. Who is Incapacitated? A person is incapacitated when a Court… 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...