Guardianship can be both big business and big trouble in Florida, and a new bill heading to the governor's desk aims to help some of the state's most vulnerable residents. However, the issues at hand are far from simple, and the bill has both supporters and detractors. Critics of the bill worry that the new bill may allow vulnerable wards to suffer if the individuals given responsibility to care for them are given less oversight, while it's supporters say that the new changes keep the incapacitated person from footing the bill for unnecessary legal costs.
An important part of creating any guardianship for a child is determining when the guardianship should end and why. Guardianships are an important legal responsibility placed on adults to carry on behalf of a child, but they necessarily should not last indefinitely. Since a minor guardianship should always be built to protect the minor's best interests, it is wise to consider when it is time to let the individual in question assume his or her own responsibilities.
This year has seemed like a constant stream of bad news for many across the country, so it is always a blessing to learn something objectively good is happening and have the opportunity to share in its joy. Just such an opportunity for gratefulness is happening in West Melbourne, Florida. Construction has begun on a first-of-its-kind neighborhood that will serve the needs of children who have been the victims of abuse and neglect. The project is hoping to be operational in the Spring of 2017.
Guardianship can be a complicated matter in Florida, and requires very specific attention to detail when discontinuing a guardianship to avoid great legal problems. There are many reasons that a guardian may want to relinquish his or her duties. One such reason is when a ward has regained his or her capacity and no longer needs to be held in guardianship. Florida does provide for this possibility, but is must be pursued properly.
The idea of estate planning may seem like something that the wealthy elite do, but some elements of estate planning can benefit almost anyone. Part of an estate plan can include establishing guardianship, a thing that is often not thought of until it is too late. If a legal guardian is not specified in a legally binding document prior to a person being deemed unable to care for him or herself, he or she may be subject to a court appointing a legal guardian that he or she may not have wanted.
When it comes to estate planning, there are so many topics to discuss that it is understandably easy for someone new to estate plans to miss critical elements of the process. Having a will is one of the most important factors in an estate plan. So many parts of the estate planning puzzle can be covered in a will.
As Florida has worked to make positive changes to its system for adult guardianships lately, the issues related to elder abuse and financial coercion of vulnerable adults continue to plague many people. The inherent temptation that exists when caregivers have access to a person's money can open the door to financial explotitation.
Many a Florida resident has heard of or known someone who has faced the challenge of needing to provide care to an aging parent or other relative. When this situation arises, everyone may deal with it differently, in part because every situation is unique. While rarely easy, there are some things that are important ways to help both the caregiver and the care recipient through the process.
Starting in 2015, efforts got underway in Florida to reform the state’s guardianship program. The call for change was led by those who voiced concerns about the financial exploitation and abuse of elders at the hands of those who were tasked with protecting them and their assets. Investigative reports were launched, identifying several issues in detail.
As more and more people in the United States and Florida reach their senior years, family members must deal with an increasing number of issues. Directly physical health concerns are among these but so too are those conditions which primarily affect mental function. Alzheimer’s and dementia patients can often live for many years in relatively good physical health while their cognitive abilities fail. These failings can put them at risk if they are left to care for their own affairs in the meantime.