In this article, you can discover…
- How to know when an aging parent might require a court-appointed guardian.
- Challenges and disputes that often arise in elderly guardianship cases.
- When to discuss your concerns with a guardianship attorney.
When Might An Aging Parent In Florida Require A Court-Appointed Guardian?
In many cases, a general power of attorney, a healthcare power of attorney, a living will, and a HIPAA release form will accomplish many of the things that guardianship does. Some aging parents are very, very slow to accept any kind of help, much less agree that they might require guardianship.
In other cases, however, a parent may realize they are making serious mistakes and simply can’t pay bills or manage their bank account anymore.
In such cases, they may step back and allow a spouse, their favorite child, or a niece or nephew to manage their finances or healthcare for them by naming them power of attorney or healthcare power of attorney.
Having said that, there are two types of guardianship: guardianship over property and guardianship over a person. Guardianship over a person appoints someone to look after an elderly person’s well-being, healthcare, housing, and personal safety.
Guardianship over property gives the guardian control over assets and possessions, and requires the guardian to give an account of how assets are used. Those accounting records can be expensive to keep track of, and in many cases, setting up a trust bypasses those costs.
What Is A Pre-Need Guardian Document?
A pre-need guardian document is prepared and recorded with your local county clerk in Florida. This document names someone in advance, so that, should you ever need guardianship over an elderly parent, in-fighting among siblings or children is avoided.
In reality, however, Florida courts generally don’t like appointing guardians. In most cases, the functions of a guardian can be handled by a will, a general power of attorney, a healthcare power of attorney, a living will, and a HIPAA release.
Attorney Phillip A. Roach, Esq. is a caring, knowledgeable guardianship attorney serving Florida. Since 1988, he’s helped clients just like you ensure documents are in place to protect their future well-being and begin guardianship litigation if needed.
Have questions, or in need of legal guidance in Lee County or Collier County? Contact Phillip A. Roach, Attorney At Law for an initial consultation today.
What Physical, Cognitive, Or Behavioral Signs May Indicate Declining Capacity In Elderly Adults?
One of the earliest signs of cognitive decline in an older family member is their handwriting. It no longer stays on the line, or a loved one may have trouble writing their own name. Changes in handwriting or a signature are some of the earliest signs that something is wrong, whether their hand is shaking or they’re struggling to form letters.
Elderly parents may also begin to miss appointments, forget their medication, and have more difficulty driving. It’s much easier to help a parent who sees and understands their limitations. Not every parent can admit this easily, which is why it’s best to have plans in place before a declining loved one needs help.
What Challenges Or Disputes Commonly Arise In Proceedings With Older Family Members?
It’s not uncommon to have an older sibling who’s several years older than the other children and who moves in with the elderly parent. This person could also be a niece, a nephew, or a hired caretaker, as well. In some cases, other family members may suspect this person of theft, mismanaging finances, or undue influence over their loved one.
Concern over undue influence often comes into play when a parent passes away and leaves their former caretaker everything, while the rest of the children receive nothing. Those cases usually spark probate litigation to determine if the decedent was unduly influenced by the person who was taking care of them.
Other issues can arise when older adults remarry later in life. A new husband or wife can get after their spouse to put their name on the house within a couple of weeks of marriage. In other cases, an elderly person who’s been married for 50 years may insist on naming their spouse as a healthcare power of attorney, but they’re advanced in years as well, and may not be the best choice.
When Should Florida Families Consult A Guardianship Attorney To Discuss Protective Options?
Florida courts will not impose guardianship if the elderly adult has already set up a will, general power of attorney, medical power of attorney, a living will, and HIPAA release. However, in situations where these documents have not been set up, and abuse or neglect is suspected, guardianship may be considered.
To take those steps, litigation will be needed, and people will need to be put on notice. If you suspect abuse, neglect, or an inappropriate level of control, speak to an attorney about your parent’s rights, options, and the possibility of guardianship.
Still Have Questions? Ready To Get Started?
For more information on Florida guardianship attorneys, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 990-2024 today.
Attorney Phillip A. Roach, Esq. is a caring, knowledgeable guardianship attorney serving Florida. Since 1988, he’s helped clients just like you ensure documents are in place to protect their future well-being and begin guardianship litigation if needed.
Have questions, or in need of legal guidance in Lee County or Collier County? Contact Phillip A. Roach, Attorney At Law for an initial consultation today.
