Johnson v. State, — So.3d —-, 2019 WL 1053155 (4th DCA March 06, 2019)
The bread and butter work of most probate litigators includes breach of fiduciary duty claims by guardians, trustees, and agents acting under powers of attorney …
2018 Legislative Update: Elder Law and Guardianship (+ Backstories)
Here’s my summary of what happened legislatively in 2018 on the elder law and guardianship front. The legislative focus this year is on preventing and/or responding to instances of elderly and vulnerable adult financial exploitation.
This is part two of …
Marriage, Guardianships . . . and the Power of Framing
Smith v. Smith, — So.3d —-, 2017 WL 3774702 (Fla. August 31, 2017)
How do we protect the elderly from exploitation and abuse, without sacrificing our fundamental rights as we enter old age, like the constitutionally protected right to …
4th DCA: Love and marriage in contested Florida guardianships
Smith v. Smith, — So.3d —-, 2016 WL 803625 (Fla. 4th DCA March 2, 2016) (reversed on appeal)
As Bette Davis once said, getting old ain’t for sissies. But it’s a whole lot easier if you’re …
Interview with a Probate Lawyer: Shannon M. Miller
One of the pleasures of publishing this blog over the years has been the opportunity to meet and interact with some truly impressive lawyers.
I recently had one of those moments when I was introduced to Shannon M. Miller of …
2015 legislative news: Florida overhauls its elder guardianship system
Most of the 2015 legislative changes to our Probate and Trust Codes were rolled into House Bill 343, which I reported on here. This blog post is all about this year’s overhaul of our adult guardianship system, which …
When does a court lack “procedural jurisdiction” to appoint a guardian?
Adelman v. Elfenbein, — So.3d —-, 2015 WL 5026178 (Fla. 4th DCA August 26, 2015)
Florida’s elder guardianship system has gotten a lot of bad press lately (see here). Some of this criticism is unfair, but not …
Can a ward sue the attorney for his former court-appointed guardian for malpractice?
Saadeh v. Connors, — So.3d —-, 2015 WL 3875682 (Fla. 4th DCA June 24, 2015)
The general trend in Florida (especially in the trusts and estates context) is that a third-party beneficiary of your legal services can …
Must read for Florida guardianship lawyers: Sarasota Herald-Tribune’s special investigative series: “Elder guardianship: A well-oiled machine”
A special multi-part investigative series published by the Sarasota Herald-Tribune entitled Elder guardianship: A well-oiled machine, reported that while Florida has an efficient system of identifying and caring for fragile elders, “tapping their assets is a growth business.” Here’s …
Florida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
For those of you who do much guardianship work, you’ll be interested in a recently-published legislative summary from the American Bar Association’s Commission on Law and Aging. Entitled STATE ADULT GUARDIANSHIP LEGISLATION: DIRECTIONS OF REFORM – 2014, the report …