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contested guardianship proceedings
2d DCA: Is a court-appointed guardian of the property necessary to exercise a minor's vote in the appointment of a PR?
Long v. Willis, --- So.3d ----, 2011 WL 3587411 (Fla. 2d DCA Aug 17, 2011) Most people (including most lawyers) assume that a minor's parents, i.e., a minor's "natural guardians" under F.S. 744.301, can make all decisions on behalf of their children, and that this authority extends...
American Bar Association & American Psychological Association Joint Project: Assessment of Older Adults with Diminished Capacity: Handbook for Lawyers
A central issue driving almost every will or trust contest is whether the person signing the document knew what he was doing. In other words, did he have testamentary capacity? Any probate judge whose been on the job for more than 6 months will know the law governing these cases...
Trustee + guardianship litigation + NO evidence = reversal on all grounds
Covenant Trust Co. v. Guardianship of Ihrman, --- So.3d ----, 2010 WL 3564731 (Fla. 4th DCA Sept. 15, 2010) Clients and lawyers alike must contend with an underfunded court system where procedural due process is often viewed as an unnecessary luxury. So what can you do? First, make sure you do...
3d DCA: When can a judge ignore your Declaration Naming Preneed Guardian?
Magill v. Dresner, --- So.3d ----, 2010 WL 3025111 (Fla. 3d DCA Aug 04, 2010) Planning for incapacity - not just death - is a cornerstone of modern estate planning. And let's be clear, the type of incapacity most likely to affect any of us is dementia. According to the Alzheimer's...
1st DCA: Does Rule 1.525's 30-day deadline for attorney's fee motions apply to contested guardianship proceedings?
Price v. Austin, --- So.3d ----, 2010 WL 3120212 (Fla. 1st DCA Aug 10, 2010) Over the last few years probate lawyers have been scratching their heads wondering if, when and how Civ. Pro. Rule 1.525, the rule setting a 30-day post-judgment deadline for filing fee motions in civil litigation, applies...