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Guardianship
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What is a foreign guardian?

Guardianship is a legal matter that is determined by state law. The guardianship process takes place where the potential ward, or person needing a guardian, resides. The Court gives authority to the guardian over the person and/or property within that state. If the Ward moves to Florida, pursuant to Florida Statute 744.306, the Guardian has Read More

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What is an Elder Law Attorney? Here’s a video to help

What is an Elder Law Attorney? The Sarasota Professional Group organization had the opportunity to find out. Attorney Joseph Lehn spoke to the group about how he became an Attorney and what sets him apart as an Elder Law Attorney. He educated the group about important legal documents that can assist them now and into Read More

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Is Guardianship the Answer? Part II – Elderly with Limitations

Old age brings many casualties – reason, clarity, sanity, and independence, among others. When you observe your elderly loved one struggling to care for their needs, health, or finances you want to help. But how? You need to ask about, or look for, any estate planning documents they may have. This will allow you to Read More

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Is Guardianship the Answer? Part I – Children with Disabilities Reaching Adult Age

Having a child is a joyful occasion. But when your child is born with a disability, along with joy comes concern for the future. The parents care for all of their child’s needs and wants. They make the decisions. They do the best they can. But what happens when their child is no longer a Read More

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Is a guardianship needed even if there is a Power of Attorney?

Especially as people age, it is common for them to have estate planning done by an attorney that includes a Power of Attorney. A Power of Attorney authorizes someone to manage your affairs, should you ever become unable to yourself. Having a Power of Attorney in place should prevent the necessity of a guardianship, but Read More

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Estate Planning Blunders to Avoid

People don’t plan to fail, they fail to plan. As we age, things happen, life happens, sometimes terrible things happen. Be prepared. Here are a few estate planning blunders to avoid: Failing to Make a Living Will It is a very important estate planning document. A Living Will addresses prolonging your life if you are Read More

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How is incapacity determined and who makes the decision?

You’ve seen the signs that your elderly loved one can no longer care for themselves and, after a consultation with an elder law attorney, you decide to file a guardianship. A guardianship is granted only when a Court determines that the person is incapacitated. Though in your mind you’ve decided that is the case, a Read More

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Can a guardian change a will?

Can a court appointed guardian change the Ward’s will? A guardian has a legal, or fiduciary duty, to act in the best interest of the Ward. A Ward has already been deemed to have limited mental capacity. What authority does the guardian have in regards to estate planning? The powers of a guardian are listed Read More

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