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Guardianship

Planning with Your Sibling to Care for Elderly Parents

By Estate Planning, Guardianship, Long-Term Care

Instead of coming up with a strategy for caregiving arrangements right after an emergency room visit or life-threatening event, it is good for families to meet early during a time when everyone is relaxed and rational. By meeting early, families can make arrangements when they are clear-minded and collected.

Another effective step in planning for caregiving is matching the parents’ wishes and needs with the capabilities of the siblings. For example, many elderly parents need help in areas like transportation, managing finances, and healthcare. Depending on the situation, one sibling might be able to assist with transporting the parents while another may be greater help in paying bills.

Lastly, it is important for siblings to remember that asking for outside help is sometimes necessary. If you and your siblings are still struggling to meet the needs of your parents, it is good to contact volunteer, hospital, and senior care programs that can provide their abilities and time.

January 6, 2017
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Florida’s process of determining adult incapacitation (in a nutshell)

By Elder Law, Guardianship

The process of determining an adult to be incapacitated can be extensive and challenging for loved ones to watch. However, it is a sometimes necessary task to undertake in order to protect and care for your loved ones.

In Florida, the incapacitation process typically begins with a family member or friend filing two petitions with a Florida Court: the Petition to Determine Incapacity and the Petition for Appointment of Guardian. A court appointed attorney is assigned to the alleged incapacitated person, however, the alleged incapacitated person may use his or her personal attorney.

After an attorney has been appointed, the members of a three-person examining committee must be designated. These individuals may be social workers, psychologists, physicians, or be of a different background. The committee is responsible for evaluating the individual and preparing a report that includes a mental, physical, and functional assessment. Each report must include a variety of evaluations such as a diagnosis, or recommended treatment, the ability to retain his or her rights, the extent to the incapacity, and the results of the examinations.

When the three-person examining committee members have finished filing their reports with the court, a hearing on the Petition to Determine Incapacity is held.

If you have questions about the guardianship process for potentially incapacitated individuals, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

November 22, 2016
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What is an elder law attorney?

By Elder Law, Estate Planning, Guardianship, Medicaid Planning, Medicare, Probate, Tax Law

An elder law attorney, also known as an elder care attorney, is familiar with the state and federal laws that impact seniors and their well-being.

These attorneys are well-versed and specialize in a range of areas:

  • Estate planning
  • Powers of attorney
  • Medicaid
  • Medicare
  • Veterans benefits
  • Probate and trust administration
  • Nursing homes
  • Elder abuse and fraud

Elder law attorneys allow you to plan ahead. By meeting with an elder law attorney and setting up documents, you can protect your assets, properly pass your estate to heirs, and name individuals to make health care and financial decisions for you when you are unable.

If you have further questions or wish to set up documents, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

September 30, 2016
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Governor Scott signs law to protect seniors from guardianship abuse

By Elder Law, Guardianship

After years of reports and protests from Florida families about elder abuse from professional guardians, a new law that aims to reform the guardianship system took effect in June 2016.

This new law increases the state’s first regulatory authority over guardians appointed by courts to make decisions for incapacitated individuals. The passing of the law creates an Office of Public and Professional Guardians that is required to develop rules and practices for professional guardians. The law also gives the office the power to revoke a guardian’s registration when deemed necessary.

Elder law attorney Babette Bach was involved in the creation of this law; she spent the last year working with 15 others to develop the bill.

By giving oversight to the Department of Elder Affairs, the state hopes to regulate guardians. The office is expected to lead investigations, conduct hearings, create penalties, and establish standards of practice for public and professional guardians.

September 13, 2016
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Florida Senate adopts several elder care bills

By Elder Law, Estate Planning, Government Benefits, Guardianship

Bill 0080 — Relating to Family Trust Companies

  • This bill revises the Family Trust Company Act to require that all family trust companies apply as a licensed family trust company, register as a foreign licensed family trust company, or stop doing business by December 30, 2016 in the state of Florida.
  • It also requires the family trust company to have at least three directors/managers, with at least one of those directors/managers being a resident of Florida.

Bill 0232 — Relating to Guardianship

  • The passing of this bill renames and expands the Statewide Public Guardianship Office to the Office of Public and Professional Guardians, giving it the responsibility of the administrative duty of writing the rules for the regulation of professional guardians.
  • The bill establishes stricter regulations of professional guardians, who previously have not been closely supervised by the state

Bill 0494 — Relating to Digital Assets

  • Dubbed the “Florida Fiduciary Access to Digital Assets Act,” this bill allows fiduciaries to manage and control digital assets the same way they manage tangible assets.
  • This bill also grants custodians of digital assets the right to interact with the fiduciaries in order to honor the fiduciaries’ requests
  • Lastly, Bill 0494 allows for courts to authorize a guardian the right to access the digital assets of a ward, if the circumstances permit

Bill 1335 — Relating to Long-term Care Managed Care Prioritization

  • This bill not only requires the Department of Elderly Affairs to keep a wait list for the enrollment for community-based services, but also requires the DEA to prioritize individuals through a frailty-based screening tool.

These bills took effect July 1, 2016.

August 12, 2016
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Avoiding Guardianship

By Elder Law, Guardianship

If you believe that you or an elderly person are being exploited financially, take immediate action to protect the alleged victim of the exploitation.  Acting quickly can increase the chance that misappropriated assets can be recovered.  An example of financial exploitation would be if a son or daughter took money out of a parent’s account to help with their own personal financial troubles.  In a situation like this, you should call adult protective services, the Elder Abuse Hotline, the police, and an experienced elder law attorney.  Florida laws protect elderly residents from financial exploitation and if misappropriated assets are not returned by the exploiter within 60 days, you could be entitled recover triple your money.

An elder law attorney may be able to help you protect your assets and pursue remedies under Florida’s civil theft statute.  To speak with Florida Board Certified Elder Law Attorney Babette Bach, Esq. call our office at (941) 906-1231.

Adult Protective Services: (877) 595-0384

Elder Abuse Hotline: 1-800-962-2873

April 26, 2016
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What are the changes to Florida’s guardianship laws?

By Elder Law, Guardianship

The most important aspect of the new legislative changes to the Florida guardianship law is the modification of the method of appointing an emergency temporary guardian.  Under the new law which takes effect July 1st, 2015, a person who is allegedly at imminent risk of physical harm or of having their assets wasted and misappropriated and therefore in need of emergency guardianship protection must be notified along with their attorney at least 24 hours before the emergency court hearing.  Previously, advanced notification was not required which left many unprepared for proceedings.  This advanced notification is especially important as it has historically been difficult to contest the need for a guardian after one is appointed on an emergency basis as the ability to make a decision to change attorneys or access financial assets is often hindered.  Emergency temporary guardianship often led to a permanent guardian being appointed.  Now, an emergency guardian will no longer be given preference in hearings appointing permanent guardians and emergency guardians cannot be appointed to permanent positions without a request from the ward or their family.

Another change to the law is that if the ward’s condition improves and they could have some of their rights restored, the guardian is required by law to notify the court.  Lastly, a guardianship cannot suspend the power of attorney.

Babette Bach worked for the past year on this new law and is a legal activist for the elderly.  If you have questions about the new guardianship law or would like set learn about setting up a Designation of Pre-need Guardian, contact our Florida Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.

July 21, 2015
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Can a Foreign Guardian Manage an Incapacitated Person’s Property in Florida?

By Elder Law, Guardianship

Question: Can a Foreign Guardian Manage an Incapacitated Person’s Property in Florida?

Answer: A foreign guardian is a guardian appointed in another state or country.  A foreign guardian may manage property located in Florida upon petitioning the Florida court for an order allowing them to manage the ward’s Florida property.   Managing the property would include any actions necessary to obtain, administer or dispose of real property, intangible property, business property, benefits and income according to §744.102 (12)(a) of the Florida Statutes.  The court may require an additional bond if the foreign bond is insufficient to cover the ward’s Florida property.

If you need assistance or information regarding a Foreign Guardianship, please contact our office for an initial consultation.

April 29, 2014
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