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Do I Have to File for Guardianship if My Child Received a Settlement or Death Benefits?
Florida law (Florida State Statutes 744.301(2)) states that a minor needs the protection of a guardianship when they are the recipient of certain amounts and types of money. If your minor child receives funds that equal up to $15,000, the natural guardianship of a parent or parents is sufficient. No further official guardianship papers need to [...]
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Do You Need a Guardianship if You Already Have a Power of Attorney or Health Care Surrogate?
22. August 2011
Clients often come to SmithLaw to set up guardianships and other similar arrangements. Some terms that are commonly confused are Power of Attorney, Health Care Surrogate, and Guardianship. Power of Attorney (POA) A Power of Attorney is when you give someone the authority to make decisions for you. It must be created when you are [...]
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Resolving Family Disputes in Guardianships
8. August 2011
Guardianship can become a heated topic amongst family and friends. Many times involved parties disagree on the following: whether a guardianship is needed at all, whether a guardian is needed for all aspects of someone’s life, whether or not a guardian is acting appropriately, the duration of a guardianship, or who should be the guardian. [...]
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Minor Guardianship vs. Custody of a Minor
8. August 2011
Some might be confused about the difference between minor guardianship and custody of a minor. Let’s examine them both in the eyes of Florida law. Guardianship Guardianship can be broken into two parts–one for financial reasons only and one for when parents are no longer available to care for a child. Minor Guardianship for Financial [...]
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What Does Becoming a Guardian Advocate Involve?
25. July 2011
Many parents face the task of becoming a guardian advocate when their child with a developmental disability turns 18. Once someone reaches the age of 18 in Florida, the parent can no longer legally make decisions for them, even though a child with disabilities may still require much care. Thus, most parents become a guardian [...]
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Mediation in Guardianships
19. July 2011
Mediation has many benefits in guardianship cases of all types. The Sarasota law office of Christopher Smith has seen many cases where mediation greatly relieves tensions when a guardianship case has become difficult due to disagreeing parties. It is usually quite helpful in contested guardianship cases or in cases where a guardianship has run into [...]
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Is it Possible to Pursue Guardianship Without Attorney Representation?
19. July 2011
Many Floridians have guardianship issues they would like to pursue without an attorney. However, Florida law requires guardianship cases to be handled with attorney representation. The court will appoint attorney representation for the incapacitated adult or the minor child (the Ward). The person seeking guardianship will need to find separate attorney representation. Florida law requires [...]
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What is a VA Guardianship?
6. July 2011
The office of Christopher Smith have significant experience with guardianship matters. One of the more interesting types of guardianship is the VA Guardianship, governed by Florida Statutes 744.602 to 744.653. VA Guardianship pertains only to those persons who are entitled to receive benefits from the United States Department of Veterans Affairs, which can include a veteran [...]
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Mediation in Guardianships
29. June 2011
With most legal proceedings there are two sides, with each side fighting the other for what they feel is right. Whether pursuing a personal injury lawsuit, a civil suit, or disputing a will or trust, there is always someone who is seeking to see their rights validated by a jury or a judge. It is no different [...]
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