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Power of Attorney Litigation

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What’s it take to prove criminal “intent” in exploitation of the elderly cases?

By Juan C. Antúnez on March 25, 2019

The bread and butter work of most probate litigators includes breach of…
Continue Reading What’s it take to prove criminal “intent” in exploitation of the elderly cases?

Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?

By Juan C. Antúnez on February 18, 2013

Albelo v. Southern Oak Ins. Co., — So.3d —-, 2013 WL…
Continue Reading Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?

Is personal service of process needed to challenge a DPOA?

By Juan C. Antúnez on February 17, 2013

Griffith v. Slade, 95 So.3d 982 (Fla. 2d DCA August 22,…
Continue Reading Is personal service of process needed to challenge a DPOA?

Florida’s new Power of Attorney statutory regime makes its appellate court debut . . . the reviews are good

By Juan C. Antúnez on January 4, 2012

Rosenkrantz v. Feit, — So.3d —-, 2011 WL 6183525 (Fla. 3d…
Continue Reading Florida’s new Power of Attorney statutory regime makes its appellate court debut . . . the reviews are good

Effective October 1, 2011, Florida will be the latest state to adopt the Uniform Power of Attorney Act

By Juan C. Antúnez on July 19, 2011

In 2008 the AARP’s Public Policy Institute published a provocative report entitled…
Continue Reading Effective October 1, 2011, Florida will be the latest state to adopt the Uniform Power of Attorney Act

What is a Totten Trust?

By Juan C. Antúnez on February 2, 2011

Beane v. Suntrust Banks, Inc., — So.3d —-, 2010 WL 4483472…
Continue Reading What is a Totten Trust?

3d DCA on when you’re entitled to statutory attorney’s fees in power-of-attorney litigation

By Juan C. Antúnez on July 12, 2010

Bessard v. Bessard, — So.3d —-, 2010 WL 1875627 (Fla. 3d…

Continue Reading 3d DCA on when you’re entitled to statutory attorney’s fees in power-of-attorney litigation

AARP Research Report: “Power of Attorney Abuse: What States Can Do About It”

By Juan C. Antúnez on February 17, 2009

Texas probate litigator J. Michael Young wrote here on his Texas Probate…

Continue Reading AARP Research Report: “Power of Attorney Abuse: What States Can Do About It”

1st DCA: power of attorney authorized execution of binding arbitration agreement

By Juan C. Antúnez on January 18, 2009

Five Points Health Care, Ltd. v. Mallory, — So.2d —-, 2008…
Continue Reading 1st DCA: power of attorney authorized execution of binding arbitration agreement

2d DCA: Arbitration agreement upheld based on broad grant of authority in decedent’s power of attorney

By Juan C. Antúnez on September 30, 2008

Jaylene, Inc. v. Moots, — So.2d —-, 2008 WL 4181140 (Fla. …
Continue Reading 2d DCA: Arbitration agreement upheld based on broad grant of authority in decedent’s power of attorney

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Annual Survey of Florida Trusts + Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

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    2025 … The Year in Review

    2024 … The Year in Review

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The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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