When to Initiate Guardianship Proceedings
There are numerous situations that develop within families which lend themselves to the establishment of protective Guardianships. Below is a list of ten (10) of the most common situations that tend to arise.
- Patriarch develops Alzheimer’s, dementia or a similar memory-loss disease, and his wife/children move in on his life savings.
- Local siblings unduly influence a parent to re-write his or her Will to exclude distant siblings and descendants.
- Spouse misuses a Durable Power of Attorney to transfer the incapacitated spouse’s interest in the couple’s home to himself or herself and some but not all descendants.
- Spouse makes unauthorized transfers of the incapacitated spouse’s assets to himself or herself and/or favored family members.
- Child misuses a Durable Power of Attorney to change the beneficiaries of a parent’s life insurance policy to that child or that child’s family to the exclusion of other children.
- Child takes incapacitated parent’s credit card and makes unauthorized charges of thousands of dollars.
- Neighbor intercepts incapacitated person’s mail and misappropriates pension checks.
- Mentally incapacitated parent receives dozens of mail solicitations each week and writes checks in response to many of the solicitations before a child can intercede.
- Incapacitated relative buries money in the ground surrounding his or her home because he or she distrusts banks and/or fears government intrusion into his or her affairs.
- Sibling convinces his or her parents to transfer title to the parents’ home to them to avoid probate and save taxes, to the exclusion of other sibling(s).
If you believe that a friend or loved one is incapable of handling his/her affairs, is being abused, or whose assets are being misappropriated, contact our office immediately for guidance.
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If you or a loved one needs help with a situation involving one of these areas, please contact Thomas N. Silverman, P.A. at 561.775.7500 (24 hours) or info@FloridaProbateCounsel.com.