Category Archives: Guardianships
Planning for the Adult Disabled Child
Transitioning to Adulthood: SSI and Medicaid John, age 17, has autism and lives with his parents. His mother is his full-time caregiver, but due to his father’s high income, John is not eligible for Supplemental Security Income (SSI) as a minor. However, when John turns 18, only his own income and resources are considered… Read More »
Suggested Questions to Ask the Doctor on Your Behalf or for Someone You Represent
Making informed health care decisions, whether for yourself or a loved one, requires asking the right questions and understanding the answers. The following guide will help you gather essential information from medical professionals, so you can confidently navigate treatment options and advocate for the best possible care. Questions to Ask About Medical Tests Why… Read More »
Commonly Asked Questions About Guardianship
Why is a guardianship necessary? Guardianships exist to safeguard individuals who are incapacitated, as well as their assets. Because of this protective role, most actions taken within a guardianship are closely monitored by the court. What is a guardian? A guardian is an individual appointed by the court to make decisions and act on… Read More »
Types of Guardianship in Florida
A guardian is a surrogate decision-maker appointed by the court to make legal, medical, and/or financial decisions on behalf of another person. For example, a guardian may be appointed to care for a minor whose parents are deceased or otherwise unavailable. A guardian may also be appointed for an adult who cannot make their… Read More »
Vulnerable Florida Residents Now Have Rights to Protection from Guardian Exploitation
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 »
Guardianship Avoidance
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 »
Guardianship of the Property of a Minor
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 »
The Role of Guardianship In Medicaid Planning
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 »
Gov. Rick Scott Signs Into Law Changes to Florida Guardianship Process
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 »
Bill Would Bring Change to Florida’s Guardianship Law
West Palm beach elder law attorneys Shalloway & Shalloway discuss possible changes to Florida guardianship law & role of professional guardians.