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4 Oct 2017, 7:35 am
The tension between the state’s parens patriae role in guardianship cases and Florida’s strong public policy favoring the preservation of fundamental rights as we age (even for incapacitated wards), is front and center in F.S. 744.3215(2)(a), the guardianship provision that’s at the core of this hotly contested guardianship case. [read post]
9 Jul 2018, 3:14 am
The Washington Post reported on the case of an 87 year old woman who convinced a judge to terminate her guardianship in favor of supported decision-making. [read post]
22 May 2015, 2:05 am
This week, a Nevada court removed a guardian in one of the cases at issue, calling... [read post]
13 Jan 2008, 5:32 pm
For this reason, thorough contemplation of how to approach the case is important to undertake at the outset.Felice Kirsh recommended some early considerations to keep in mind at the 10th Annual Estates and Trusts Summit, which include the following: Think before you start - A guardianship application is a drastic step. [read post]
22 Feb 2012, 4:50 pm
The attorney appointed by the court for the ward must be pre-approved by the court to serve as the attorney for wards in guardianship cases. [read post]
12 Feb 2024, 5:36 am
Our Texas law firm has extensive experience guiding families through emergency and permanent guardianship cases. [read post]
31 Jan 2014, 8:50 am
But the Hershbergers remain in hiding, afraid to return until the guardianship case is over. [read post]
20 May 2010, 9:14 am
Guardianship in Arizona: Elder Care of Elder Abuse? [read post]
17 Oct 2012, 12:52 pm
In the Guardianship setting, a reverse scenario may occur. [read post]
19 Apr 2011, 9:57 am
This program provides financial support and, in most cases, medical coverage for the child. [read post]
7 Nov 2013, 6:32 am
Here is the opinion in In re Guardianship of D.W. [read post]
10 Jan 2010, 7:48 am
In many cases, the story unfortunately ends with DYFS petitioning the courts for guardianship of the children at issue. [read post]
8 Jun 2014, 6:00 pm
They instead insisted she would need to apply for guardianship. [read post]
17 Mar 2015, 11:26 am
In my opinion most of the problems plaguing Florida guardianship proceedings can be traced back to an underfunded and overworked state court system where judges are routinely expected to juggle thousands of cases at a time (see here). [read post]
7 Aug 2007, 10:51 am
The standard for overturning a guardianship ruling is abuse of discretion. [read post]
24 Jan 2022, 6:58 am
A family member, or in some cases, a qualified individual can petition the court system to appoint someone to manage the incapacitated individual’s matters. [read post]
4 Oct 2017, 7:35 am
See Guardianship Task Force, Final Report at 8 (2004). [read post]
26 Nov 2010, 5:52 pm
In deciding an adult guardianship case, the courts follow the guiding principle of "least restrictive alternative". [read post]
22 Jan 2008, 8:31 pm
Once placed in the guardianship, senior citizens are deprived of needed services. [read post]
8 Jan 2010, 6:50 am
The respondent may retain his or her own counsel, in which case the Clerk may then dismiss the GAL. [read post]