Florida Estate Planning Lawyer Blog

As Jacksonville Elder Law Lawyers, we are always looking for the most effective and least restrictive ways in which to serve the needs of our Jacksonville elderly. We keep current of the Florida statutes and the numerous Florida cases which interpret matters involving Florida's senior citizens.

Elder law encompasses many aspects, including estate planning, guardianship, medicaid issues, and of course, health care issues. As Florida Elder Law Attorneys, we also look to various research and articles throughout the nation which focuses on issues related to aging.

Recently an interesting article caught our attention dealing with coconut oil and it's effect on those suffering with dementia and alzheimers. We want to share information we learn of that may have a positive impact on your lives. This article addresses alternative medical treatment.

Coconut oil, once thought to be harmful due to elevating cholesterol levels, actually has numerous positive influences on human health. While pure non hydrogenated coconut oil does in fact raise cholesterol levels it is the good (HDL) cholesterol that is influenced. Although there is little evidence at this point to support it, some leading researchers believe that Alzheimer's, dementia, ADHD and other central nervous system impairments can be helped with the use of pure coconut oil.

Glucose is the primary nutritional source for brain cells. Some conditions impair the body's ability to utilize glucose and as a consequence brain cells do not function optimally and will ultimately die.

Recent research along with antidotal testimonials suggest that the median chain triglycerides can provide a source of ketone to brain cells that acts as an alternative to glucose. Some patients with Alzheimer's and dementia have seen improvement in cognitive, emotional and physical function with the use of pure coconut oil.

If you would like information or direction with an elderly person in your life, consult with a Jacksonville Elder Law Lawyer.

For those working with Jacksonville Elder Law Attorneys the Florida news that a daughter living with her elderly mother was accused of stealing her mother's money to fuel a gambling and drug addiction was not a shock. In attempting to ascertain the Florida elder mother's mental state, the investigators turned to her doctors.

The medical insight gleaned from treating physicians can lead to tougher charges against those who use their position of trust to scam the elderly. However, many doctors' are hesitant to get involved in the Florida legal proceedings of their elderly patients.

In Florida counties, where the population of elderly over the age of 60 often exceeds 25%, many law enforcement financial crimes units are seeking volunteer licensed physicians. These doctors assist in determining the mental and physical state of a victim at the time of the perpetration and fraud.

Jacksonville Elder Law Attorneys have experience with numerous elderly who are victims of financial exploitation. Jacksonville's elderly victims are described by Florida Statutes as a "person of 60 years of age or older who suffers from infirmities of aging manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning. . . that the ability of the person to provide adequately for the person's own care or protection is impaired."

Many cases of Florida elderly abuse and exploitation are by home health care providers, relatives, guardians, and even opportunistic friends and neighbors.

A Jacksonville Guardianship Attorney can talk to you about the elders in your life who may need assistance. Jacksonville Estate Planning Lawyers have the experience to advise of ways to protect your loved ones before they become victims. Some of these strategies encompass having a trust prepared and consulting with a Jacksonville Medicaid Law Attorney.

In Callahan, Guardianship Lawyers often have clients who have parents who have been diagnosed with dementia and Alzheimer's. It can be a struggle to do what you feel is best for your parent and when they are often argumentative and irritable. Growing old is not easy for anyone, especially the kids. Often times an adult child will need to step in and take over the financial and health care needs of their parents.

In some cases, the aging parent will voluntarily sign a Florida Power of Attorney (NOTE: the law changed 10/1/2011 and documents drafted prior to that date may not be valid if signed after 10/1/2011) or Designation of Health Care Surrogate. Another option is a Voluntary Guardianship for a parent who voluntarily elects a guardian to handle financial matters. Elder individuals suffering from dementia and other infirmities are often influenced by those not acting in their best interest. Therefore, speaking with a Jacksonville Guardianship Attorney may be helpful in learning your options.

A Guardianship proceeding in Callahan is a dual process and takes place in the Nassau County Court. It involves petitioning the Nassau court to appoint a certain individual to be appointed as guardian. At the same time a petition is filed to determine that an individual is incapacitated and cannot make decisions in their own best interest.

There are certain criteria that must be met to be appointed guardian of the person and property of another. If there are conflicting opinions about the best interest of an elderly parent or relative, please discuss your situation with a Jacksonville Guardianship Lawyer who handles Callahan Guardianship cases.

Likewise it is important to learn about the manner in which a court goes about determining that an individual is mentally incompetent to manage their own health and business affairs.

Although there are alternatives to Guardianship in Florida, many such methods may be temporary at best. To ensure your elderly parent will be protected from the wrong decisions, contact a Jacksonville Estate Planning Lawyer who also deals with Florida Guardianship and Jacksonville Medicaid Planning to learn what choices you have.

A Florida Voluntary Guardianship is a great option for those with elderly parents and elderly relatives who have increasing difficulty managing their own "property affairs". Business transactions such as banking matters, real estate transactions, and money management are some of the everyday tasks that become increasingly difficult to handle for Florida's elderly.

Ponte Vedra or Jacksonville residents may become a Voluntary Guardian by request and petition of the individual ("ward") who is in need of assistance from a trusted family member or friend.

The petition must also include a physician's certificate stating that the person who is petitioning the court for a guardian is competent to understand the nature and scope of the guardianship.

A wonderful feature of the provision is that it allows the guardian to take possession and control of less than all of the wards property. This enables the "ward" to maintain a sense of independence, and allows that person to manage a certain "portion" of their property, and still feel in control of their world. Each circumstance is unique and therefore, it is prudent to discuss your situation with a Ponte Vedra Guardianship Attorney.

When the Petition requests that the guardian only take control of a part of the wards estate, the court order must be specific as to the property to be included in the guardianship estate.

A Voluntary Guardian must file an annual report with the court, which gives an accounting as to the property under the guardian's control. The ward may terminate the voluntary guardianship at any time by filing a notice of termination with the court and must obtain a new certification of competency each year for the guardianship to continue. If you have questions about how a voluntary guardianship may assist someone in need of assistance, contact an experienced Guardianship Attorney in Ponte Vedra.

Over the past several years the Apple Law Firm has expanded into several additional practice areas. As these practice areas grown we have been adding staff and creating more informational blogs to help consumers and our clients understand some of the common legal issues. May of our current readers do not realize that we cover these additional practice areas so I wanted to take a moment to update you with them:

For those of you who use an iPhone, we are trying to make some of the information and resources available through our new Apple Law Firm PLLC iPhone Application.

Our main Website is for the Apple Law Firm PLLC

The Florida Estate Planning Lawyer Blog covers a variety of topics focusing on Asset Protection, Estate Planning, Elder Law, Guardianship, and Probate

The NFA Gun Trust Lawyers Blog covers unique issues involved with estate planning, the purchase, possession, use, and transfer of firearms including those regulated by the National Firearms Act. Helps provide guidance on a National level through a network of over 150 lawyers in 43 states.

The Jacksonville Criminal Defense Lawyers Blog covers issues related to criminal defense, case-law updates, and legislative changes as they relate to protecting your rights from restrictions by the State of Florida dealing with your freedom.

The Florida Foreclosure Defense Lawyers Blog covers issues in Florida and around the country that help homeowners protect their home which is often their single biggest purchase. While we write on topics that have relevance to the entire state, our practice area focuses on the counties surrounding Duval or the City of Jacksonville and its surrounding area.

The Jacksonville DIvorce Attorney Blog covers topics relating to your family life, marriage, divorce, child custody, support and guardianship. Many of the articles help our clients to understand what can happen in these very emotional times and how slight differences in the circumstances can make a significant difference.

The Jacksonville Personal Injury Lawyer Blog covers issues relating to injury and compensation for the negligence of others. This is our newest blog and will be launching in the next few weeks.

The Jacksonville Bankruptcy Lawyers Blog covers topics related to bankruptcy and specific circumstances that may allow one to qualify for certain exemptions and benefits afforded under the Federal bankruptcy Code.

We hope you enjoy our postings and take the time to visit some of out other blogs that cover different Florida legal issues as over 50,000 people a month do. If you have a question regarding one of these area or something involving a legal issues in Florida, please Contact us and one of the lawyers in that practice area will respond.

As Floridians we know that Jacksonville summers seem to blend into the Florida Fall. Before you know it, school registration will be upon us, sports physical exams, and signing up for health insurance. As the non-legal parent of a minor child, don't wait until the school year begins to obtain Florida legal custody over your grandchild, niece, nephew or other minor relative.

Florida Statutes, Chapter 751 recognizes that many minor children live with and are cared for by members of their extended family and not by their natural or legal parents. An "extended family member" is any relative within the 3rd degree by blood or marriage to the parent, or the stepparent of a child if currently married to the parent and not in a pending civil or criminal proceeding involving one or both of the child's parent as an adverse party.

If you are a Jacksonville individual eligible to bring a proceeding in the circuit court to obtain legal temporary custody of a minor child under your care, contact a Jacksonville Custody Attorney to discuss the importance of obtaining court ordered legal custody. For more information on Child Custody in Florida please review our Jacksonville Divorce Attorney Blog

A Florida guardian is a surrogate decision-maker appointed by the court to make personal
and/or financial decisions for a minor-child or for an adult with mental and/or physical disabilities. After the court has found that a person requires a Florida Guardian, they are referred to as a "ward."

Florida Statutes provide for the appointment of a guardian for a minor in Florida in certain circumstances, such as when the child's parents die, they are unable to care for a child, or if a child receives an inheritance exceeding an amount parents are allowed by statute to receive on behalf of their child.

On the other hand, adult guardianship in Florida is the process by which the court finds an individual's ability to make decisions is impaired. The court gives the right to make decisions to another person or entity (the Guardian). Generally, a Guardianship is only warranted when no less restrictive alternatives, such as a durable power of attorney, a trust, a health care surrogate, or another form of pre-need directive, are found by the court to be appropriate and available.

As a St. Augustine Guardian Lawyer, I frequently establish guardianships on behalf of Guardians, as well as Wards. If you would like to discuss your individual situation or learn more about the process of establishing a Guardianship, feel free to contact me anytime!

As a Jacksonville Guardian Attorney, I am often asked about the details in establishing a Guardianships in Jacksonville Florida. If a Pre-Need guardian has been selected by the Ward, the court will look to their eligibility first before looking at others. A Florida Pre-Need Guardian is a person who has been named by a competent adult to serve as guardian in the event of his or her future incapacity.

A Florida Pre-need Guardian is a person you name in a written declaration to serve as a guardian in the event of your future incapacity. Parents may also nominate a pre-need guardian for their minor children to act in the event of their incapacity or demise.

A Pre-Need guardian assumes the duties of guardian immediately upon the adjudication of incapacity and must petition the court for confirmation of the appointment. For minors, the Pre-Need guardian assumes such duties upon the adjudication of incapacity or the death of the last surviving parent.

If you are interested in establishing a Pre-Need guardianship or have questions regarding Florida Guardianships, contact a Jacksonville Guardianship Lawyer today!

It happens frequently. A minor child inherits either personal property, including money, bank accounts, CD's, money markets, or is left an interest in real property. Who looks out for the best interest of the minor child?

Although Florida natural guardians (parents) have all the rights and authority over their minor child's "person", natural guardians do not have all of the rights and power over the minor's "property". Parents are authorized on behalf of their minor children to settle, collect, receive, and manage real or personal property distributed from an estate or trust, when the amounts received, in the aggregate, DO NOT exceed $15,000.00. Florida Statutes 744.301(2).

Florida law allows a court to appoint a Guardian Ad Litem (a fiduciary appointed by the court) to represent and protect the minor's best interests. The Guardian Advocate will act for the minor child in a probate proceeding involving an inheritance by either a Will, a Trust, or when the minor child inherits property through the Florida Intestacy Statute.

More and more these days, Jacksonville family members must step in and take the reins needed to guide a loved one who is unable to take care of themselves. Whether it is a mental health condition or substance abuse issue, sometimes an individual needs help. To be able to assist your family member in choosing the right treatment and rehabilitative facility, to ensure that the person is being compliant with his/her medications, you must become the legal guardian over the person in need.

There are different types of Florida legal guardianship and the type of guardian you should become is dependent upon the specific problems and needs of the person you are about to help. An experienced Florida Guardianship Attorney can assist you in determining your best option.

A guardian is a person appointed by the court to act on behalf of a ward's person or property or both. A guardian may have limited authority or plenary (complete) authority.

A Florida guardian advocate under the Florida Mental Health Statute allows for a person to be appointed as guardian advocate when a psychiatrist determines that a patient is incompetent to consent to medical and psychiatric treatment.

I would like to thank everyone who voted for us. We were selected on of the Top 25 Estate Planning Blogs of 2011.

Now LesixNexis is selecting the top estate planning blog of the year and you still have the opportunity to vote for us one last time. Even if you did not vote in the previous selection you can still vote.

Step 1: You will need to be registered in order to vote. If you haven't previously registered, follow this link to create a new registration or use your sign in credentials from your favorite social media site. Registration is free and does not result in sales contacts. Once you are logged in, you can then vote by checking the box next to your favorite estate, probate and elder law blog then submitting the results.

There are several blogs that have names similar to ours so remember to select the one which has my blog and personal name the entry will be listed as:
Florida Estate Planning Lawyer Blog (David Goldman)

A Florida family member is not always qualified to act as guardian for a loved one who has been determined to be incapacitated.

If you are the spouse or dependent of a person who has been deemed incapacitated under Florida Law, and who is under the control of a professional guardian, you may petition the court for an order directing the guardian of the property to contribute to your support from the property of the ward.

A Ponte Vedra Guardianship Lawyer can petition the court for the support of a person financially dependent upon a ward. The court may enter an order for suitable support and education of the dependent person out of the ward's property which is subject to the guardianship.

We often do not think of Criminal Defense in connection with Florida estate planning. We have a Jacksonville Criminal Defense Lawyer who has been helpful in dealing with crimes committed by fiduciary agents. Every month we get contacted by individuals who have had their parents or families life savings depleted because someone with a Power of Attorney or other fiduciary position thinks that they can treat the other persons funds as their own. Not only are we able to help represent the individuals who have lost the money, but we often represent other family members that have lost their inheritance because of the bad acts of others.

Often it is a difficult choice to decide whether to just go after recover of the money or to also package the information for the state to review for possible criminal charges. Florida has very strict laws when it comes to financial abuse of the elderly.

If you believe that a Power of Attorney or trustee or other person with a fiduciary responsibility has acted inappropriately, contact a Florida Estate Planning Lawyer or a Jacksonville Criminal Lawyer to discuss your situation. You may also review the Jacksonville Criminal Defense Lawyers Blog or more information on this and other financial crimes.

A Florida guardian may be appointed to exercise limited or total powers over a ward (minor, elderly or incapacitated person). There are times when a Jacksonville guardian appointed by the court has failed to act in the best interest of the ward. If a Jacksonville Guardian fails to ensure that the ward is being properly cared for or is not managing the ward's property and assets in a responsible manner, a family member, friend or interested person may have to take action.

Consulting with a Jacksonville Guardianship Attorney may be the first step needed to rectify a frustrating situation, when you feel powerless to protect a ward. The Florida statutes allow for a proceeding to remove a guardian upon a showing that one of the proscribed reasons has been met. Reasons for removal, among several, may be when a guardian has abused his or her powers, has wasted or mismanaged the ward's property or when a conflict has developed between the guardian and the ward.

To obtain information about the procedure for removal of a guardian or how to terminate a guardianship, it is best to discuss your situation with a Jacksonville Estate Planning Law Firm who has experience in guardianship matters.

Many people residing in the St. Augustine area, suffer from developmental disabilities. Unfortunately, as these individuals get older, the disease progresses to the point where the person is often unable to take care of and manage their own financial and personal affairs.

A Florida procedure can appoint a Florida guardian advocate for a person with developmental disabilities, without an adjudication of incapacity. One way this appointment can be accomplished is if the disabled person has voluntarily petitioned for the appointment of a guardian advocate. If the disabled person is able to care for some, but not all of his personal care and finances, a guardian advocate will be able to act for the disabled person in certain specified matters.

If you have a relative or friend that suffers from a developmental disability and you believe that this person is unable to care for themselves, contact a St. Augustine Guardianship Attorney to learn more about the process of being appointed a guardian advocate.