Guardianship

6 Ways to Avoid Guardianship

Published on: July 15, 2024 | by Rarick & Bowden Gold

By Jacqueline R. Bowden Gold, Miami Estate Planning Attorney

Many people are concerned about their family avoiding probate upon their passing, but how can you avoid guardianship proceedings? As people age, the risk of cognitive decline and physical disabilities can sometimes necessitate guardianship, where a court appoints someone to make decisions on behalf of the elder. However, guardianship can be restrictive and often perceived as a loss of autonomy. Fortunately, there are several ways to avoid guardianship and ensure that you or your elder family members retain control over their lives and decisions for as long as possible. These measures are not only essential for maintaining independence but also crucial for avoiding guardianship proceedings and reducing associated costs. Here are some effective strategies:

Avoid Guardianship for Elder

Durable Power of Attorney (DPOA)

Disabled Child Turning 18

Published on: June 25, 2024 | by Rarick & Bowden Gold

Disabled Child Turning 18:

Legal Support for My Disabled Child

By Jacqueline R. Bowden Gold, Miami Estate Planning Attorney

Planning for Guardianship of Minor Child During the Coronavirus Outbreak

Published on: May 7, 2020 | by Rarick & Bowden Gold

By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney

When preparing an estate plan everyone plans for distribution or preservation of their assets to make sure their minor child, adult child or families are taken care of. People often overlook planning for the event of being mentally incapacitated and asking this important question: What if you are just not available? Covid-19 has given people a new perspective with the overwhelming amount of hospitalizations. Front line workers are often forced to make the difficult decision of being separated from their minor children to avoid them contracting the virus.

Now more important than ever every parent should plan for guardianship of their minor children.

Florida Treasure Hunt: Check It Now! Florida Unclaimed Property Law

Published on: December 21, 2019 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Asset Protection Attorney

If you have never checked Florida’s website for lost accounts and abandoned property you should do so – immediately. You may be pleasantly surprised!

You may think that it is not possible that you have any “unclaimed” property held by the State of Florida – and you could be wrong.

FLORIDA COUNSEL NOTICE: FLORIDA DEEDS

Published on: November 16, 2016 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Trust Attorney

Although the main focus of our Florida Counsel Services is probate, trust, and corporate law, we can assist your office if you need deeds to a trust or other entity.

If you wish to use our deed services, click FLORIDA DEED INTAKE FORM. Please complete this form with all relevant information and email it to cmedina@raricklaw.com.

What is a Durable Power of Attorney- And Why Is It So Important?

Published on: March 3, 2015 | by Rarick & Bowden Gold

By: Jacqueline R. Bowden and Phillip B. Rarick, Miami Estate Planning Attorneys

A power of attorney is a legal instrument you may give to a trusted family member or friend (commonly called your attorney-in-fact or agent) to manage your financial affairs and act on your behalf. The person creating the document is referred to as the principal. A Durable Power of Attorney (DPA) differs as it remains effective after the principal becomes incapacitated. In order for a DPA to remain effective it must include language stating that subsequent incapacity will not affect the powers of your agent.

Note: Florida’s Durable Power of Attorney law was completely rewritten effective October 1, 2011. See New Florida Durable Power of Attorney Law Makes Sweeping Changes. If you have a DPA dated prior to October, 2011, we strongly recommend that you update your DPA.

SETTLEMENT CLAIMS FOR FLORIDA MINOR CHILDREN: WHEN IS COURT APPROVAL REQUIRED?

Published on: July 27, 2013 | by Rarick & Bowden Gold

By: Phillip B. Rarick, Miami Probate Attorney

Executive Summary

Failure to obtain court approval under Florida guardianship law of a pre-suit structured settlement exceeding $15,000 on behalf of a Florida minor child could result in the settlement being disaffirmed by the minor on reaching majority or within a reasonable time thereafter. See F.S. 744.387(3)(a)

Autism: What Every Parent Should Know About Special Needs Trusts

Published on: July 7, 2013 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Trust Attorney

Introduction

Parents of children with autism have many daunting tasks. One task that is often put off until it is too late is making sure you have a back-up plan if you can no longer care for your child. You are the primary care giver for your child. If you become disabled or die, do you have a plan? Do you have instructions to care for your child? Have you designated persons whom you trust and who could care for your child if you cannot not provide such care?

Florida Legal Resources

Published on: June 3, 2012 | by Rarick & Bowden Gold

I am pleased to announce a valuable new feature on our web site that I trust you will find helpful. We want to share with you all the Florida local and state legal resources that we routinely use in our probate, corporate, guardianship, and estate planning practices.

Resources is a virtual law library of Florida and Federal law, as well as helpful local county data bases. Here are some examples:

Florida Probate Statutes

FLORIDA GUARDIANSHIP QUICK REFERENCE GUIDE

Published on: June 25, 2011 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Probate Attorney

Introduction

The commencement of a Florida guardianship is typically used in two situations – either when a person may be incapacitated or when a minor receives assets in excess of $15,000. If a guardianship is sought because someone may be incapacitated, then typically the court sets two hearings. At the first hearing the court determines whether the person is incapacitated; at the second, the court appoints a guardian if the person is determined to be incapacitated. Often, these hearings are combined. The court has the option of appointing a limited or a plenary guardian.