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Shalloway & Shalloway, P.A. - Elder and Special Needs Attorneys. Dedicated to preserving dignity and financial security
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Category Archives: Guardianships

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Vulnerable Florida Residents Now Have Rights to Protection from Guardian Exploitation

By Shalloway & Shalloway |

In March of 2018, Florida Gov. Rick Scott signed bill number HB 1059 into law. This law, § 825.1035 of the Florida Statutes, provides for the right to file an injunction for the protection against exploitation of a vulnerable adult, and is intended to provide protection for those under the care of a guardian…. Read More »

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Guardianship Avoidance

By Shalloway & Shalloway |

As individuals enter their elderly years, or when individuals experience a traumatic injury that leaves them incapable of caring for themselves, sometimes it is necessary for their loved ones to establish a guardianship in order to protect and care for the elderly or injured person. Certain injuries, such as traumatic brain injuries, or diseases,… Read More »

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Guardianship of the Property of a Minor

By Shalloway & Shalloway |

Guardianship courts always seek the least restrictive alternative to plenary guardianship, so there are instances where only guardianship of the property is required. For example, if a minor is to receive property in excess of $15,000 in value, then a guardian of the property will be required to protect that minor’s property even though… Read More »

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The Role of Guardianship In Medicaid Planning

By Shalloway & Shalloway |

Frequently, families reach out to our office for Medicaid Planning on behalf of an elderly family member who no longer has the requisite capacity to understand and sign the necessary legal documents to create the conditions of eligibility. If the incapacitated person has a Power of Attorney and Heath Care Surrogate Designation, with the… Read More »

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Gov. Rick Scott Signs Into Law Changes to Florida Guardianship Process

By Shalloway & Shalloway |

Back in December, we reported that Florida lawmaker, state Sen. Nancy Detert (R-Venice), had introduced a bill that would create greater protections for Florida seniors who had become unable to care for themselves. This month, Governor Rick Scott signed the bill into law. The most significant change introduced by this bill is the creation… Read More »

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Family law

Bill Would Bring Change to Florida’s Guardianship Law

By Shalloway & Shalloway |

West Palm beach elder law attorneys Shalloway & Shalloway discuss possible changes to Florida guardianship law & role of professional guardians.

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Senior guardianship

Important Guardianship Terms to Know

By Shalloway & Shalloway |

West Palm Beach estate planning attorney Mark Shalloway lays out some important terms to know when considering guardianship in Florida.

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Guardianship

Overview of the Florida Guardianship Process

By Shalloway & Shalloway |

If you or a loved one has become unable to make healthcare decisions or manage legal or financial affairs, a guardianship may be in order. A guardian is a person appointed by the court to protect and exercise the legal rights of a person who is unable to make his or her own decisions… Read More »

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