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Guardianship

What is a guardian advocate in Florida?

By Elder Law, Guardianship

The appointment of a guardian advocate is a less intrusive alternative to a full guardianship. As defined by the Florida Statutes, a guardian advocate may be appointed “…for a person with developmental disabilities, if the person lacks the decision-making ability to do some, but not all, of the decision-making tasks necessary to care for his or her person or property or if the person has voluntarily petitioned for the appointment of a guardian advocate.” A guardian advocate may also be appointed for mental health patients who are incompetent to consent to treatment.

What makes a guardian advocacy distinct from a guardianship is that, whereas a guardian may be assigned to any incapacitated individual, there are specific eligibility requirements that a ward must meet for the court to appoint a guardian advocate. In addition, the appointment of a guardian advocate does not require an examining committee’s finding of incapacity. The duties and responsibilities of the guardian advocate are the same as those of a guardian – however, a guardian advocate may not be required to file an annual accounting on behalf of the ward, if the court determines that the ward’s only income is Social Security benefits.

The attorneys at Bach, Jacobs & Byrne, P.A. are highly-skilled and experienced guardianship and elder law attorneys. If you or a loved one is seeking a guardian advocacy, please call us at (941) 906-1231 to set up a consultation.

 

March 19, 2019
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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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Babette Bach to speak at the Friendship Center on: “How Would A Disability Upset Your Retirement Financial Planning?”

By Asset Protection Planning, Firm News

Babette Bach will be speaking at the Friendship Center, 1888 Brother Geenen Way, event at 2:00pm on Wednesday, May 17th, 2017.  The topic is “How Would A Disability Upset Your Retirement Financial Planning?”. In this hour long program Babette will discuss the necessity to plan for disability and guardianship avoidance. Additionally, she will discuss recent legislation regarding living wills and trends in other states towards compassion choice. For more information on this event, please go to: www.friendshipcenterforagingstudies.org. and click the following link to see the flyer for this event: fcas-may-2017-bach-wright

May 10, 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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Guardianship vs. POA: Exploitation

By Elder Law, Estate Planning, Guardianship

While appointing a power of attorney can mitigate the need for a guardianship, there are other times in which a guardianship is necessary.

In the last blog post, we discussed the need for a guardianship in the event that the incapacitated person lacks competency and makes harmful decisions. A guardianship may also be needed if the power of attorney does not act in the best interest of the incapacitated person.  If the power of attorney is exploiting the individual by depriving them of their funds or their rights, a court will appoint a guardian to prevent any continued abuse.

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

March 31, 2017
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Guardianship vs. POA: Incapacitated Individuals

By Elder Law, Estate Planning, Guardianship

In estate planning documents, an agent can be  chosen to act under a power of attorney, which is especially  useful in the event that the principal becomes incapacitated and cannot make decisions for himself.  Typically, a power of attorney is given the authority to control financial affairs. Other times, powers of attorney have complete control over the ward.

When the power of attorney is properly advocating for the ward, and the ward is cooperative, a guardianship may be avoided. However, there are instances and situations that nonetheless necessitate a guardianship. If the incapacitated individual continues undertaking financial activities that put their assets at unreasonable risk of depletion and wasting, a guardianship may be necessary. The guardian can make decisions regarding the ward’s financial, legal, and medical affairs, but some decisions must be approved by the court. By appointing a guardian, the court is able to preserve the ward’s property from dissipation.

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

March 28, 2017
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