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Articles Posted in Guardianships

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Are you a “Dutiful Child”, who is a caregiver for your loved one? The Florida laws explained.

Florida’s ‘Dutiful Child’ Exception Throughout life, relationships and priorities often change, necessitating amendment to one’s Last Will and Testament to reflect these changes. However, sometimes these testamentary changes raise questions as to the testator’s motivations for the revisions, leading to a will contest. “Undue influence” upon the testator is one…

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Guardianship proceedings – learn the facts and the Florida laws

In November 2021, after Britney Spears’ father, Jamie Spears, was suspended as conservator of his daughter’s conservatorship, a judge finally ruled to end the conservatorship. This decision signaled the end for the restrictive supervision that had been in place since 2008. Back in June 2021, Britney Spears made headlines as…

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Guardianship 101 – What you need to know and learn

Guardianship: Don’t Believe Everything You Watch on Netflix Netflix’s new sensationalist movie “I Care a Lot,” released this past February 19, 2021, might have you thinking that being a guardian may be the path to wealth and easy money. Although a scammer making a living by successfully requesting the courts…

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Enforcing a contract to create a Will is complex – read the details

Contracts to Create a Will A last will and testament must be the consequence of a person’s free will (which is why they are aptly referred to as “wills”). Nevertheless, a person may execute a contract during life to include certain terms and/or beneficiaries in their will in exchange for…

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Imagine having earned $59 million, being age 38 and having NO control over your money or assets

Over the past few weeks, the internet has rediscovered that Brittney Spears has not had legal control over her extensive assets for 12 years. Given Brittney Spears’ celebrity status, this news made considerable waves throughout popular culture, and the hashtag #FreeBritney started to trend. People began investigating social media posts…

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Can a Beneficiary act as a Witness during a pandemic?

Social Distancing and Signing Documents: Can a Beneficiary Act as a Witness? During COVID-19, we have had to adapt the way we sign estate planning documents while maintaining safe social distancing. Although businesses are slowly reopening and things appear to be getting back to a sense of normal, it is…

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COVID 19 – Quarantined, who makes medical decisions?

COVID 19 Pandemic: If I can’t make medical decisions for myself, who can? On January 19, 2020, a man in his mid-thirties reported to an urgent care clinic in Snohomish County, Washington, with a persistent cough and fever. The next day, testing by the Center for Disease Control confirmed that…

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Quarantined during COVID 19 – How do I get my estate planning documents notarized?

How to Safely get Documents Notarized During a Pandemic For the indefinite time being, social distancing and staying home are necessary safety measures. However, that does not mean the world stops. People still have needs and documents that must be notarized. There are ways to do that without leaving the…

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Beneficiaries and fiduciaries, know your entitlements under the law

Fiduciary Exception for Attorney-Client Privilege is Extinct in Florida If you are an attorney hired by a fiduciary, whether it be a trustee, a guardian, or a personal representative, you not only are working for the fiduciary, but you are also working for the best interests of the third party…

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Estate planning helps to preserve the rights of our elders or special needs persons and addresses guardianship head on

Guardianship – What is it? Answer: A court intervention to safeguard the property and personal care of an individual unable to make such decisions themselves. A person under guardianship becomes a ward of the court.  State law establishes the process for determining an adult’s need for guardianship, which involves a…

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