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Guardianship

What is the distinction between “surviving” powers of attorney and “springing” power of attorney?

By Estate Planning, Guardianship

The key difference between surviving and springing powers of attorney is the time at which they take effect. Surviving powers of attorney are entrusted to the agent as soon as the paperwork is signed – the term “surviving” refers to the “durability” of this agreement, which lasts until and even after the point at which the ward becomes incapacitated. Springing powers of attorney, on the other hand, only go into effect after the ward is incapacitated.

After June 2011, the updated Florida Durable Power of Attorney Act formally banned springing powers of attorney (though any durable powers of attorney agreed upon before the institution of the new law were to remain valid). Having a durable power of attorney is an important part of comprehensive end-of-life planning and estate planning. Call the attorneys at Bach, Jacobs & Byrne, P.A. to have your estate plan assessed and evaluated.

November 5, 2018
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How is the guardian of a person’s property selected?

By Guardianship

The guardian of the property is appointed by the Florida circuit court for a ward who lacks sufficient capacity to manage his/her own assets, when no lesser restrictive alternatives are available. Typically, this guardian will be a family member of the ward, though not always. In order to be named by the court, a potential guardian must fulfill broad statutory. Florida law requires that the guardian be:

-A Florida resident over the age of 18 years old; or

-A non-resident who is directly related, related by marriage, or legally adopted by the ward; and

-Never convicted of a felony

*There are also provisions in the Florida guardianship law for banks, trust companies, and non-profits to serve as guardians.

It is up to the courts to determine the fitness of guardians beyond these requirements. This fitness test can be comprised of background checks, credit checks, and whatever else is ordered by the court – however, in Florida, guardians are required to take a court-approved family guardianship course.

The preferences of the ward in choosing his/her guardian are significant, but not given ultimate authority. Often, wards will have named a pre-need guardian in the event of future incapacity; it is this individual who is usually given priority in the guardianship selection process. The attorneys at Bach, Jacobs & Byrne, P.A. represent guardians – both professional and family guardians – in guardianship court proceedings.

October 16, 2018
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Voluntary Guardianship in Florida

By Guardianship

A voluntary guardianship may be established for a competent adult if they feel that they are incapable of managing their own estate due to age or physical limitation and voluntarily petition for this appointment. To appoint a voluntary guardian, the individual seeking this form of guardianship must file a petition with the court in order for a voluntary guardian to be designated. A voluntary guardianship remains valid and in effect until the death or incapacity of the petitioner unless it is subsequently revoked by the ward. Individuals may choose to appoint a guardian voluntarily if they no longer want to shoulder the responsibility of managing their own affairs or fear that an illness or disability will prevent them from doing so effectively.

 

July 10, 2018
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How to Get Guardianship of an Elderly Loved One

By Guardianship

Guardianship is the position of being legally responsible for an individual that is unable to manage their own assets and/or healthcare. As a guardian, the person that you have the legal authority to care for is called your ward. Guardianship may be a viable option if your loved one is incapacitated due to advanced age or disability and they neglected to appoint a power of attorney for their finances or a healthcare surrogate for their medical and health matters. If you are petitioning for guardianship, you must go to court and have your loved one declared incapacitated. Once this occurs, the court may transfer the responsibility of managing your loved ones assets and healthcare to you. Guardians have a fiduciary duty to act in the best interests of their wards, and there are Guardianship monitoring programs in place to ensure that Guardians fulfill their obligations. Depending on the extent of a ward’s incapacity, a guardian’s duties may include: determining where the individual will reside, paying bills, giving consent for medical treatments, making end-of-life choices, managing finances and handling matters related to said individual’s tangible personal property.

If you have any further inquiries regarding this matter, please contact our office at: 941-906-1231 and schedule an appointment with one of our attorneys.

 

March 13, 2018
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What is a Guardianship Monitoring Program?

By Guardianship

The term “guardian” refers to an individual who is appointed to care for and/or handle the affairs of a person who is deemed incompetent or incapable of administering their own affairs. The 12th Circuit Court has established a Guardianship Monitoring Program, which was created to help make sure that all court-appointed guardians adhere to the law. This is done by ensuring that they provide care to the elderly individuals they have been entrusted with in a manner that most positively benefits said individuals. This program includes, if necessary, guardianship investigations and court appearances. It also appoints a full-time guardianship monitor to make-sure that guardians are fulfilling their obligations in an appropriate, safe and caring manner. As a part of this program, a toll-free guardianship hotline has been implemented to make it easier for individuals to report any concerns regarding guardianship cases that take place in Sarasota County.

The number for the aforementioned hotline is (855)-506-0304, you can call this number if you have any knowledge regarding improprieties in relation to Guardianship cases that take place in Sarasota County.

December 1, 2017
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Babette Bach to lecture on Guardianship at a Republican Women’s Club of Sarasota event on 11/03/17

By Firm News, Guardianship

Babette Bach will be speaking at a Republican Women’s Club of Sarasota event being held tomorrow, Friday November 3rd, 2017, at Michael’s on East restaurant at 11.30am. The presentation topic will be Guardianship.

Republican Women’s Club of Sarasota

October 30 at 9:19am · 

Luncheon this Friday.

MENU
1/2 portion Wild Mushroom Ravioli and 1/2 portion Cobb Salad
OR
Cobb Salad
Dessert: Mini Red Velvet Cupcakes
$27 per person, payable at door

Speaker: Babette Bach, Esq, subject: Guardianship and Elder Care

Call or email Karen at 941-306-1947 or rwcsreservations @gmail.com

 

November 2, 2017
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Losing Capacity

By Asset Protection Planning, Estate Planning, Guardianship

It is important that while competent you decide who will make personal decisions and who will make financial decisions on your behalf should you lose capacity. Consulting with an attorney regarding your choice of agent or fiduciary will help ensure that your wishes are followed. If a person has not made these decisions and consulted with an attorney, a legal guardianship proceeding may be commenced to appoint an individual who will make decisions on a person’s behalf if the person is incapacitated.

For help regarding these matters, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

July 18, 2017
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League of Women Voters Event On Guardianship And Elder Care Advocacy

By Firm News, Guardianship, Long-Term Care

Babette Bach will be speaking at a League of Women Voters event on Guardianship and Elder Care Advocacy. The event will be held at the Community Foundation of Sarasota (2635 Fruitville Road) at 11:30 a.m on Monday, June 26th, 2017. The event fee is $15 for members and $20 for non-members and you can RSVP by email: [email protected] and pay at the door.

https://www.lwvsrq.org/events/hot-topic-luncheon-2017-06-26/

 

June 20, 2017
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The benefits of entering into a caregiver agreement

By Guardianship, Long-Term Care

Many seniors have caregivers who provide their skills and care on a daily basis. Whether the caregiver is a family member, friend, or professional, it is a good idea to create a caregiver agreement.

A caregiver agreement should include the services and hours that the caregiver is expected to provide, the needs and wishes of the senior, and compensation for the work. It should also include in writing the frequency of services, the location where services are to be provided, and important dates such as when the care begins and how long the agreement is to be in effect.

The advantages of setting up a caregiver agreement are manifold:

  • It can reduce or avoid Medicaid penalties
  • It prevents confusion with private duty domestic service workers and/or family members and sets up a clear method of compensation so there is no misunderstanding
  • It recognizes the time and effort of those taking care of you
  • It offers security and peace of mind
  • It makes expectations clear

 

If you are employing caregivers, companions, or other domestic service workers, contact an attorney at Bach & Jacobs, P.A. to discuss how you can help minimize risk and liability by creating a caregiving agreement. This is especially necessary if you are employing private duty caregivers directly rather than through an agency.

 

 

 

 

May 9, 2017
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Guardianship vs. POA: Incapacitated Individuals Making Dangerous Decisions

By Elder Law, Estate Planning, Guardianship

Despite having a power of attorney and other lesser restrictive alternatives in place, there may still be situations in which appointing a guardian is necessary for the safety of the incapacitated individual. Sometimes, an incapacitated individual will become uncooperative and refuse care and assistance from loved ones. Incapacitated individuals can also put themselves in physical danger by mishandling electrical equipment, refusing medicine, forgetting to eat, and carelessly driving.

Under Florida law, it is unlawful to force an individual to stay in an assisted living facility or to house an unwanted caregiver absent a guardianship. It is sometimes necessary to appoint a guardian that will protect the individual from their own incapacity.

If you have more questions on this topic, please contact our office at (941) 906-1231 to speak with one of our attorneys.

April 4, 2017
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