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Guardianship

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Can an Incapacitated Person Marry in the Orlando, Florida Area?

The right to marry is one of the basic civil rights of man. It is fundamental to our very existence and survival. The US Supreme Court stated that in Loving v. Virginia, 388 US 1, 12 (1967). At the same time, the court in an Incapacity hearing must protect the Ward from fina...

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What to Do When a Loved One is Diagnosed with Alzheimer’s in Orlando, Florida 

When a family member is diagnosed with a life altering disease such as Alzheimer's, you may not know what comes next or where to turn, especially if you are serving as a caregiver. One way to support your loved one and yourself currently is to educate yourself as much a...

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What Is a Guardian Advocacy, in the Orlando, Florida Area?

Guardian Advocacy is discussed in Florida Statute 393. In a Guardian Advocacy proceeding, the Court designates a Guardian Advocate to provide a developmentally disabled person with assistance for financial and medical decision-making. This law was specifically written to add...

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The Different Forms of Guardianship in the Orlando, Florida Area

There are two different kinds of guardianship in the Orlando, Florida area. One type of guardianship is Guardianship of Minors. This type of Guardianship is discussed and explained in the following Florida Statutes: 744.301-744.3021 and 744.387. These Guardianships are used ...

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Remember to Care for Yourself While You Are a Caregiver in the Orlando, Florida Area

Are you a Guardian? Are you a caregiver of an individual in the Orlando, Florida Area? Are you taking care of a sick friend or relative? Are you caring for a relative with Dementia or Alzheimer’s? This can be a full-time all-consuming job. You may be lucky to sleep.  Read More

Protecting the Elderly from Financial Elder Abuse and Exploitation in Orlando, Florida

Florida Statute Section 825.101(4) defines an elderly person as a person sixty (60) years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunction, to the extent ...

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To Drive Or Not To Drive In The Orlando, Florida Area?

Are you faced with that difficult issue of whether an elderly parent, relative, friend or someone with Alzheimer's should be driving? How do you determine whether they should be driving or not driving? No one wants to give up the freedom that comes with a driver's license.&n...

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Obtaining an Emergency Temporary Guardianship in the Orlando, Florida Area

In order to obtain an Emergency Temporary Guardianship in the Orlando, Florida area, Florida Statute section 744.301 and Florida Probate Rule 5.648 together set forth the procedure for the appointment of an emergency temporary guardian. Florida Statute 744.3031 provides:

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Can I Obtain A Temporary Injunction in An Orlando, Florida Area Guardianship Case?

In order to obtain a temporary injunction or permanent injunction in an Orlando, Florida Area Guardianship Case, and freeze the assets in the case, you must prove the following:

  1. Irreparable harm would resu...

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Professional Guardians versus Non-Professional Guardian

Non-professional Guardians who do not understand the full legal responsibilities of Guardianship and are not familiar with Guardianship law may be removed and replaced by a Professional Guardian. Despite the best of intentions, sometimes a family member, or non-profes...

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