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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 a Court Monitor appointed in a guardianship?

I received a call from a client. She was appointed the guardian of her husband. But a few days later she received an Order Appointing a Court Monitor. She asked, how does this affect my authority? Guardians should realize that the Court’s main objective is the best interest of the Ward. A person who has 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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