How to Get Guardianship of a Parent or Other Adult in Florida

Gaining guardianship of a parent or other adult in the state of Florida may seem to be a difficult process. Yet, with Lorenzo Law, we’re here to help alleviate your stress, manage expectations, and help you achieve your desired outcomes. Read on to learn more about how we can help with our expertise, our compassion, and our dedication to your case.

Signing a Power of Attorney

Signing a power of attorney can be an effective way to deem an individual or legal professional to make decisions on your parent’s behalf, should they become incapacitated or unable to sign a power of attorney. Signing a power of attorney, proactively, instead of reactively is always a better route to take when estate planning.

What if Your Parent is Incapacitated or Unable to Sign the Power of Attorney?

If you find yourself in this situation, you’ll want to contact us for assistance with the process of obtaining a conservatorship. A conservatorship can help you regain control of the situation with the help of the courts, directing you as the authority to make decisions on behalf of your incapacitated parent. 

Criteria One Must Meet to Gain Guardianship of Their Parent or Other Adult

Below is a list of the common criteria one must meet to gain guardianship of their parent or another adult.

Be of Age (18+ Years Old)

One must be eighteen years or older at the time of the granting of the guardianship.

Must Submit to a Full Background Check

One must submit to a full background check to ensure there are no violent crimes, elder abuse crimes, financial crimes, or sex crimes; as these could pose a threat to a vulnerable individual.

Must Submit to a Credit Check

Submitting to a credit check can help establish if the individual seeking out guardianship of a parent is in a poor financial state. If an individual is experiencing financial stress, it doesn’t prevent them from being granted guardianship, it may simply require further analysis to determine how financially fit the individual is when caring for their parents.

Attend a Mandatory Guardianship Educational Course

One must attend a mandatory guardianship educational courses to learn more about the responsibilities which come with a guardianship of a parent.

Preferably Be a Florida Resident, If Not There are Still Options Available to You

The courts will likely prefer you to be a Florida resident if you’re seeking guardianship of your Florida-based parent. This is in large part due to the fact you’ll need to fulfill obligations locally for your parents, and without your physical presence in close proximity to your parents, you’re unlikely to be able to fulfill those obligations efficiently and effectively.

So, How Do You Become a Guardian of a Parent or Other Adult?

Below are the steps one must follow to become a guardian of a parent or other adult.

File a Petition

Filing a petition with the courts is the first step in starting the guardianship process.

The Examining Committee Will Determine Whether a Guardianship is Required or Not

The examining committee is the determiner of whether or not a guardianship is required based on the mental fitness of your parent, the physical well-being of your parent, and the financial stability of your parent.

A Judge Will Enter a Formal Order Based On the Committee’s Findings

Based on the committee’s findings, a judge will enter a formal order from the court stating whether or not the guardianship of your parent is granted. 

You Will Then File a Petition for Appointment of Guardianship

From here, you’ll file a petition for appointment of guardianship. This petition, once granted, will allow you to be granted full guardianship of your parent through the appointment process.

Some Questions to Ask yourself Before Filing for Guardianship of a Parent or Other Adult

Below are some questions you should ask yourself before filing for guardianship of a parent or other adult.

“Why is This Guardianship necessary?”

This is most likely the question you’ll need to thoroughly answer for the courts, so you’ll surely want to answer this question when discussing the matter with loved ones and yourself.

“Are There Other Community Resources Available to Help Support This Parent/Adult?”

Is guardianship absolutely necessary? After all, it’s a large responsibility caring for a parent who may become incapacitated, or may already be incapacitated. Reaching out to local resources within your parent’s community could be the right decision if you feel as though you’re unable to fulfill all responsibilities associated with the role of guardianship.

“Are There Other Personal Resources (Friends, Family, Religious Organizations, etc…) Who Can Help This Parent/Adult?”

Reaching out to family and friends may be an option as well. You never know who may be willing to help when asked.

“How Do Other Family Members Feel About this Decision?”

Is everyone in your family unit on board with this decision? If so, great. If not, you’ll certainly want to sort out any disputes regarding the guardianship of a parent prior to filing for said guardianship.

“How Does the Actual Parent/Adult Feel About the Decision?”

If your parents are not incapacitated, you’ll want to ask them how they feel about the decision to hand over guardianship responsibilities to you. Their opinion does matter after all.

“Do I Have the Financial Means to Support This Person?”

Maintaining a parent’s livelihood and health will likely cost a lot more than you estimate, especially with health care costs rising every year. With this being said, you’ll want to ensure you have more than enough of a financial buffer to compensate for any unexpected expenses.

“Have You Done Everything Possible to Help This Person Maintain Their Independence & Decision-Making Capacity Prior to Filing This Petition?”

Have all options available been properly explored prior to filing a guardianship petition? If so, you’ve done all you can do. If not, you’ll want to ensure you’ve done everything in your power to help your parents maintain their independence.

Contact Us at Lorenzo Law for Further Assistance with Guardianship of an Adult in Florida

If you’re seeking out guidance on how to petition for guardianship of a parent or adult in the state of Florida, you’ll want to contact us using the button below. We’ll be sure to respond to your message as soon as possible. We look forward to hearing from you soon.

How Long Do Creditors Have to Collect A Debt from an Estate in Florida?

If you’re searching for “how long do creditors have to collect a debt from an estate in Florida?” then you’re most likely already in a situation where you’ll need our help. Contact us now for assistance. Read on to learn more about the creditor collection process and how we can help.

Creditors Who Receive Direct Written Notice: 30 Days

If the creators have received direct written notice, they’ll have 30 days to collect the debt itself. 

Creditors Who Receives Notice Via Publication: 3 Months

Creditors who receive notice via any type of publications will have about 3 months to make a claim against the estate. 

Creditors Who Did Not Receive Notice: 2 Years

If the creditor did not receive notice and happened upon the information of the deceased, they’ll have about 2 years to make a claim against the estate.

Consequences for Missing the Deadline

Creditors who miss the deadline May be subject to forfeiture of their rights to claim against the estate. It’s very important for the executor of an estate to promptly notify all known creditors to avoid legal complications down the road. 

Tips Executors Should Use to Avoid Problematic Outcomes

Below are some great, quick tips an executor can implement to ensure matters are being handled appropriately.

Conduct Due Diligence On the Deceased’s Financial Records

Conducting due diligence on the deceased’s financial records can allow the executor to best gauge where things stand in the estate and who is owed what.

Serve Timely, Written Notices to Creditors

Ensuring there are timely, written notices sent out to creditors can prevent creditors from claiming they never received notices. It’s a good idea to always ask for signature required for physical mail and verification for other delivery confirmation methods to fully document any and all correspondence.

Keep Accurate Records of Response Deadlines

Having everything related to the response deadlines in something as simple as a spreadsheet can do a whole lot of good for keeping the response deadline process efficient and effective.

Avoid Making Any Statements to Creditors Saying You’ll Pay the Debts Without First Checking to See if the Creditors Submitted Their Claim On Time

You don’t want to have to pay funds to creditors when you’re no longer legally obligated to do so. You’ll always want to verify the creditors who are making claims against the deceased’s estate have properly adhered to the associated deadlines. If the creditors have not properly adhered to the associated deadlines, you’ll likely not have to pay them the funds they’re requesting; as the deadlines have passed.

Ensure There are No Extensions to Creditor Deadlines (Most Deadlines are Very Strict)

There may be an off chance the creditors were given an extension to their deadline. This is quite rare, yet it can happen from time to time. Verify this is or is not the case, as most deadlines are very strict for creditor claims.

Contact Us to Learn More About How We Can Assist!

If you’re searching for how long do creditors have to collect a debt from the state of Florida, you’re at the right place. Our team at Lorenzo Law is dedicated to providing you with the highest level of service to best assist you in the oftentimes difficult process. Feel free to contact us using the button below and we’ll be sure to respond to your inquiry as soon as possible. We look forward to hearing from you soon!

What is a Living Trust?

You may be searching for “what is a living trust?” and you’ve come across this post from the team at Lorenzo Law. Read on to learn more about how living trusts work, assets in a living trust, types of living trusts, advantages and disadvantages of a living trust, and more! We’re here to help in any way we can, so feel free to contact us and we’ll be sure to respond as soon as possible.

How Living Trusts Work

Living trusts are created during the grantor’s days while they’re alive and well. The grantor’s assets are transferred into the trust and managed by a designated trustee. There’s no objection to the grantor managing the trust via being a trustee, yet when the grantor passes or becomes incapacitated, the successor trustee takes over. 

Assets in a Living Trust

The typical assets placed in a living trust consist of real estate, bank accounts, investment accounts, personal property, and business interests (ownership, angel investing, etc…)

Types of Living Trusts

Below are the two types of living trusts:

Revocable Trusts

A revocable trust allows the grantor to modify or amend assets of the trust and maintain control over said assets. Beneficiaries may also be changed if the grantor would like to do so.

Irrevocable Trusts

An irrevocable trust is a type of trust in which the grantor cannot be modified or revoked, except in very limited situations and circumstances. A benefit of an irrevocable trust is that assets transferred into said irrevocable trust are most likely going to be protected from creditors and estate taxes.

Advantages & Disadvantages of Living Trust

Below are some of the advantages and disadvantages of a living trust:

Advantages

The advantages of a living trust are you can avoid or reduce probate, they’re private, they have built-in functionality for an incapacitated individual, and flexible trust terms.

Disadvantages

The disadvantages of a living trust are the associated costs, the often complex nature of said trust, and limited control once the assets are transferred into an irrevocable trust. 

Living Trust vs. Will

Here are the differences between a living trust and a will:

Living Trust

A living trust takes effect during a grantor’s lively existence, assets held within the trust will likely be able to avoid probate, and the living trust is privacy-oriented.

Will

A will takes effect after the grantor’s death, the probate process of accounting for and distributing assets can be expensive and time consuming, and the will becomes public record in some states after it’s filed in probate court.

How to Create a Living Trust

To create a living trust, one must draft, sign, and find the trust, then appoint a trustee to manage the trust’s assets. We can help with this entire process and have you on her right path.

Is a Living Will the Same as a Living Trust?

No, a living will specifies healthcare preferences for an individual, should they become incapacitated. A living will has no influence over asset management and distribution, as it does with a living trust.

Costs of a Living Trust

The costs of a living trust may vary wildly from client to client, yet it’s often always worth it. A living trust can provide the security and stability one typically wants, while also reducing costs in other areas (probate court).

Contact Lorenzo Law for Help with Your Living Trust Needs, Today!

If you need help with your living trust, you’ll want to contact us to learn more about how we can help. We’ll be glad to consult with you on the unique matters of your situation and provide clarity on how we can best assist. Feel free to reach out using the button below and we’ll be sure to respond to your inquiry as soon as possible. We look forward to hearing from you soon.

Can a Trustee Remove a Beneficiary from a Trust?

Trustees have power when it comes to trusts, but more often than not, they cannot simply remove a beneficiary from a trust just because. Trustees have a fiduciary duty to the grantor and the beneficiaries. If the trustee were to go against the wishes of the grantor and trust arrangement, they’d be violating said fiduciary duty.

What is a Trustee of a Trust?

As stated above a trustee of a trust is an individual or entity appointed to administer the trust while fulfilling their fiduciary duty. This means they always act in the best interest of the trust’s beneficiaries.

What are the Trustee’s Responsibilities?

The trustee’s responsibilities are to follow the parameters set forth in the trust’s arrangements. These include managing trust assets, investing responsibly, distributions to beneficiaries as specified, and keeping current with tax obligations. 

What is a Trust Beneficiary?

A trust beneficiary is someone or some entity which will benefit from the trust in the distribution of forms of income, assets, or other items; all of which are generally outlined in the trust documents.

Can a Trustee Remove a Beneficiary from a Trust?

Generally speaking, no, a trustee cannot remove a beneficiary from a trust. If the trustee is also the grantor and if the trust grantor has included specific provisions within the trust documents, then yes, in that case the trustee can remove themselves or others from the trust. This is a very rare scenario.

When Would a Trustee With Power of Appointment Remove a Beneficiary from a Trust?

A trustee with power of appointment may remove a beneficiary from a trust if they suspect the beneficiary of stealing assets from the trust, if they believe the beneficiary is not of sound mind or discretion to best manage their financial affairs, or if the beneficiary fails to meet certain guidelines or expectations detailed in the trust by a certain deadline set by the grantor.

How Difficult is It for a Trustee to Remove a Beneficiary?

The process of removing a beneficiary from a trust is very complex in most cases and typically involves multiple reviews and heavy litigation.

What Should I Do if I Suspect I’m Being Removed as a Trustee?

It’s important to seek out legal advice immediately, as time is of the essence in these matters and you must understand your rights as a beneficiary.

Do I Need a Trust Attorney?

Trust attorneys make life easier. While you can go about many aspects of trust law on your own, there are many nuanced and complex areas which will likely require legal expertise. So yes, we’d recommend you seek out legal help for matters involving a trust.

Contact Lorenzo Law for Further Guidance On Trust Related Legal Matters

Feel free to contact us for further guidance on trust related legal matters. We’re here to help you every step of the way. We work with our clients to achieve their goals as efficiently and effectively as possible. Please click the button below to contact us and we’ll be sure to respond to your inquiry as soon as possible. We look forward to hearing from you soon.