Monthly Archives: April 30, 2019

Relocation and Florida Guardianship: When Can You Relocate a Ward to Another County?

Pursuant to Florida Statute 744.1098(1), a Guardian may not, without Court approval, change the residence of the ward (the Court adjudicated incapacitated person) from this state to another, or from one county of this state to another county of this state. It further ...

Warning Signs of Financial Abuse of the Florida Elderly

Studies show that financial abuse of the elderly is a growing problem throughout the United States. This is especially true in Florida, where a large majority of the population is over 65 years old.   This can lead to huge problems when you consider the elderly are mo...

Can a Court Modify A Time-Sharing Plan at an Orlando Florida Area Contempt Hearing?

Can a Court Modify A Time-Sharing Plan at an Orlando Florida Area Contempt Hearing? The court cannot impermissibly modify the parties’ timesharing as a sanction against one party. A court cannot modify a time-sharing plan as a sanction for contempt. That is inappropria...

Your Minor Child has Inherited Substantial Property, Now What?

Although in Florida natural guardians (birth or adoptive 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 mino...

Why A Collaborative Divorce in Orlando, Florida When There Is A Special Needs Child?

When people are divorcing, many times, there are children involved. The best thing for the children is for the parents to cooperate with each other, act civil towards each other and get along with each other. The Collaborative Divorce Process offers a better forum and ...

What County Must I Have My Attorney File in to Open a Florida Guardianship?

Your elderly parent, unfortunately, is in need of a legal Guardian to be appointed and must have a Florida Guardianship established. For years your Mother has lived in the marital home she owned with your Father in Seminole County, Florida. Your Father who was respons...

Qualified Domestic Relations Order

Below is important information on QDROS from Attorney Matthew Lundy. The Law Offices of Ann Marie Gilden refers clients to Attorney Matthew Lundy to have their QDROs prepared by his firm. 

Although every retirement plan is dif...

What to do if your sibling files for guardianship for your parent

Probably not a surprise, but not all brothers and sisters agree, nor do they all like each other. Unfortunately, there are situations where siblings absolutely hate each other, and likely do not talk to each other. This can be an extremely bad situation when...

Will I Receive Permanent Alimony in an Orlando, Florida Area Dissolution of Marriage/ Divorce Case?

Permanent periodic alimony is intended " to provide for needs and necessities of life as they were established during the marriage.... for a party who lacks the financial ability to meet those needs following dissolution. FS 61.08(8). The other spouse must have the ab...

When does Irrational Behavior Become Incapacity in Terms of a Guardianship?

Distinguishing between irrational behavior and incompetence can be difficult. It is not uncommon for older adults to develop persisting fears, worries, and complaints that may be irrational or paranoid. This can often be related to an underlying cognitive impairment, ...