Florida has some unique laws. Some work to the advantage of those of us who call this state home. One is the ability to designate a “preneed guardian” as part of the estate planning process. That means you can name someone who will assume responsibility for your care...
Complex Legal Challenges
Guardianship
Guardian Advocate for Adult Children with Developmental Disabilities
Children with certain conditions such as autism, autism spectrum disorder (ASD), or Down syndrome require special planning in order to meet their needs. This becomes particularly true once the child reaches the age of majority—in Florida, age 18. During the years the...
Protecting Your Minor Children Through Estate Planning
Sometimes young adults do not think they need to do estate planning. A common mindset is “I’m in good health and I’m young, so why do I need to do any estate planning?” For those persons with minor children (who are under age 18), this is a very dangerous and...
Florida Expands Abuse of an Elder Person to Include Intentional Isolation from Family Members
In April of 2021, the Florida legislature unanimously approved passage of SB/HB 1041 which provided additional protections to elder persons . Among the changes, SB/HB 1041 amended Chapter 825 which addresses the abuse, neglect and exploitation of elder persons and...
Adult Child with a Disability? Petition for Appointment as Guardian Advocate
Parents with children who have disabilities such as autism, cerebral palsy, or Down syndrome, among others, will face a dilemma when those children become adults at age 18. The parents will no longer have authority or power to act on behalf of those adult children....
Appointment of an Emergency Temporary Guardian in Florida
When an incapacitated person in Florida needs a guardian, an interested person, such as a family member, may petition the probate/guardianship court for a determination of incapacity and for appointment of a guardian. Once these pleadings are filed with the court, the...
In this COVID ERA: Who can speak for you? Who can act for you?
In this era of COVID-19, many of us have been alerted to the fact that we could become suddenly ill and be unable to speak or act for ourselves. If you are an adult and you become incapacitated, who can speak for you on important issues such as healthcare and medical...
Limitations on Minor Children Inheriting Directly in Florida
Often parents and grandparents name minor children as beneficiaries under their Will or their life insurance or IRA. As a matter of law, children are allowed to inherit but how they receive that inheritance and how it is administered can pose challenges and...