Guardianship – A Useful Tool When No Advance Directives Are in Place
In the event an individual is unable to manage his/her own affairs and advance
directives have not been completed, Elder Law Associates PA advises clients
regarding all aspects of legal guardianship proceedings.
The guardianship process requires the filing of court documents, the appointment
of an Examining Committee for the purpose of reporting to the court its recommendation
regarding the need for the appointment of a guardian, attendance and presentation of
evidence at a court hearing, and the post-appointment filing of court documents.
Children and other relatives, such as nieces, nephews and cousins, frequently consult Elder Law Associates PA about their legal rights and obligations when a guardian proceeding is commenced either by the Department of Children and Families or another family member. In many cases, the children and other relatives live out of state, making it extremely difficult to participate in the guardianship process.
Elder Law Associates PA fills this void by attending all hearings scheduled by the court and filing legal papers with the court outlining our clients’ position regarding the need for the appointment of a guardian, who the appointed guardian should be, the development of a care plan for the ward and the development of a plan for the management of the ward’s assets.
In some cases, guardianship matters are adversarial due to family conflicts. Elder Law Associates PA has extensive experience handling contested guardian proceedings. Therefore, we can guide our clients through very difficult and often emotional proceedings.
Guardianship Advocacy (Florida)
A guardian advocate may be appointed by the court if an adult person has a developmental disability and lacks the capacity to do some of the tasks necessary to care for himself or herself, or his or her property or estate. This is the least restrictive, and less costly, type of guardianship for people with developmental disabilities and does not require a determination of incapacity or the appointment of an Examining Committee. Usually, a parent files for appointment as guardian advocate after a disabled child reaches the age of 18, as the parent no longer is legally able to make decisions for the adult child.
The guardian advocacy process requires the filing of court documents, attendance and presentation of evidence at a court hearing, and the post-appointment filing of court documents. A guardian advocate is obligated to file all paperwork required under a traditional guardianship, including annual plans and accountings.
Elder Law Associates PA advises clients regarding all aspects of legal guardian advocacy proceedings. We provide Guardianship Litigation services throughout New York and Florida, and particularly in the following cities/municipalities and surrounding communities in South Florida near our offices:
- Palm Beach County: Boca Raton, Delray Beach, Boynton Beach, Highland Beach, Lake Worth, West Palm Beach, North Palm Beach, Palm Beach, Royal Palm Beach
- Broward County: Coconut Creek, Deerfield Beach, Fort Lauderdale, Hollywood, Margate, Plantation, Pompano Beach, Sunrise, Tamarac, Weston
- Miami-Dade County: Aventura, North Miami, North Miami Beach, Sunny Isles, Miami Shores
Having gone through an extremely difficult Medicaid application process for my father in Florida years ago and with the recent passing of my mother I desperately needed to find a competent and understanding law firm that could expedite and help me with elder care legal issues for my uncle in Boca.
Living in NYC with nobody to take care of my sick uncle 1,400 miles away, I found the expertise and compassion of Howard Krooks and his wonderful firm to be incredible. I would highly recommend them to anyone and already have.
When my mom had a stroke -- and unfortunately due to her diabetes -- needed to be moved full time to a nursing home, I needed to qualify her for Medicaid, as the cost of proper care is prohibitive. Ellen and her team did an outstanding job, helping to reallocate my mom's assets and quickly qualifying her for Medicaid benefits. It would be almost impossible for the typical person to get through this process in such a short period of time.
I truly thank Elder Law Associates PA for making this happen.
Very well satisfied. The service was great in communicating all documents and proceedings with us to fully understand everything. The staff was AWESOME! In the future, (if) I know anyone, I will refer you.
I want to tell you how impressed I am with your video. I love that it is not one of the run-of-the-mill sales-pitch videos. It is warm and friendly and from the heart, and makes the viewer (me) feel very welcome to be friends with both of you, although I never met Howie. The two of you seem to have a partnership made in Heaven ... Hope you get at least 25 more years together. My best wishes to you both, and thank you for the work you did for us.
I have been in the Real Estate Business for a little over 50 years and have dealt with literally thousands of attorneys over that time. Ellen Morris has handled my personal account - every time I always comment how great she is. My wife had dementia and there was the eventual problem of running out of insurance coverage and the tax ramifications when she died. I had business fears from an Industrial Park that I owned and all the liabilities from a few business entities that I also owned, Ellen was recommended at least 8 or 9 years ago. This recommendation was the best recommendation that I have ever received. She not only knows all the laws, but also keeps up with all the new requirements that are here in a changing environment. One of the outstanding things about her firm and especially her, is the understanding of all the fears one has, and her solving of them. Every time I have had a question, she was there, with an answer and solution before the day was over. She was over fair with her billing - I always felt it was Christmas and she was giving me a present. I was running a company doing over $100 million in sales and I am over 80 years old, so I am in a position to admire super professionalism and great patience tempered with a great degree of empathy. When asked what attorney to use, there is nobody to hold a candle to Ellen Morris, Esq.
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