It can be difficult when a person begins to notice for the first time that the physical or mental abilities of a loved one are perhaps starting to deteriorate. For instance, maybe they notice their loved one having difficulty performing a regular household chore or...
Guardianships & Conservatorships
Helping older people and their families plan for the uncertain
It goes without saying that one of the best days in the lives of older people is the day they finally retire. Indeed, after decades spent putting in long days and making long commutes, they are finally free to enjoy the fruits of their labor, perhaps taking up a hobby...
What are the responsibilities of a guardian?
In several past blog posts we have discussed the reasons a family may want seek guardianship for a loved one. When a person becomes incapacitated or lives with a disability that makes them unable to make decisions on their own, guardianship can help ensure they are...
When should an estate plan address the issue of guardianship?
Although the tragedy of a minor child losing both parents is not that common, a comprehensive estate plan should provide for this contingency by naming a guardian. If a will doesn’t name a guardian, a court will most likely appoint a relative to the...
When to seek a guardianship for your elderly loved one
Designating a guardian for an elderly loved one is an important option for families in Miami. The decision to seek guardianship, however, should only be made after careful consideration of the needs and abilities of the individual in question. At the Law Offices of...
Should an estate plan contemplate the possibility of incapacity?
Life can be unpredictable. To plan for the unexpected, every individual should consider creating an estate plan. A recent article profiling a prominent businessman’s dispute with his heirs serves as an important reminder against being caught unaware.The example...
Choices that go into appointing a guardian for our children
All aspects of estate planning are tied to the goal of retaining control over one's finances - even after one is incapacitated or deceased. We create wills in order that everyone knows the manner in which we would like to see our assets distributed. We also put...
Appointing someone to take care of a child’s educational needs
One young Florida teenager had found himself three years ago missing classes and barely receiving passing grades in school. This all changed when the parents of one of his friends became what were called his educational guardians. These two individuals were soon...
Estate planning errors can prove to be costly
One incentive to putting together a well thought out estate plan is to learn from the mistakes of others. Surprisingly, many of those mistakes are made by individuals that we would think would know better. In the circumstance of a former Chief Justice of the Supreme...
Requirements of competency in appointing of a guardian
Struggles over be appointed guardian can be emotionally draining. For example, the circumstances of children of an elderly parent who no longer can take care of his or her self can sometimes end up pitting siblings against each other. Under Florida law a competent...
