Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

Posts tagged "Guardianships & Conservatorships"

Help your elderly parents avoid being a victim of common scams

It can be heartbreaking to see your parents' physical and cognitive abilities decline in their golden years. They took care of you, and now you worry that others might take advantage of them. At the Law Offices of Frye & Vazquez, P.L., we understand there are many scams in Florida and elsewhere that target vulnerable elderly citizens, and we are prepared to assist you in keeping this from happening to your parents.

The importance of a trustworthy guardian for elders

Florida elder law is designed to protect aging individuals, sometimes in cases when they are unable to make healthy and competent decisions on their own. However, these protections come with a cost: One must place one's trust in an appointed guardian. Guardianship should be established carefully, regardless of the fact that it is a relatively straightforward process in the state.

Explaining guardian education requirements

Legally entrusting one with another's decision-making authority is a significant action. Thus, most might assume that not just anyone in Miami can be empowered with such responsibility. However, were one to take a high-level glimpse at Florida's guardianship requirements, he or she might think them to be extremely lax. Technically, any adult resident of the state (or non-resident that is related to the proposed ward and has not been convicted of a felony) can serve in this role. Yet this does not mean that there are not more requirements placed on potential guardians. 

Reviewing a ward's retained rights

Many Miami residents have come us here at The Law Offices of Frye & Vazquez, P.L. after having had a loved one committed to a guardianship convinced that those parties will become the targets of financial exploitation and abuse. If you share this same concern, your fears likely rise from the assumption that when one is determined to be incapacitated, all of his or her rights and decision-making powers are essentially revoked. Yet even when one becomes the ward of a guardian, he or she does still retain basic freedoms. 

Detailing public guardian accountability standards

Like many of those who have elderly loved ones living in Miami, you may agree with the decision to place your aging family member or friend under the care of a guardian. However, the circumstances of your loved one's case may leave him or her as a ward of a public guardian. Many come to us here at The Law Offices of Frye & Vazquez, P.L. after family members or friends have been placed in such a situation. If this describes your case, you likely share their concern regarding what accountability the court places on such a professional. 

The difference between guardianship and conservatorship

Florida residents who are dealing with matters of legal guardianship or conservatorship may wish to know the differences between the two categories. Though they cover similar purposes, they do apply to different situations.

The process for establishing a guardian

Appointing a guardian is a great way to ensure that you and your family are taken care of if you ever become incapable of making decisions on your own. If you are preparing to take this important step and assign a guardian in Florida, there are a few things to keep in mind. We at the Law Offices of Frye and Vazquez can help you ensure that you follow all rules and regulations as you plan for the future of your family.

Can you ask the court to monitor a guardian’s actions?

It is always difficult to see your loved one assigned to be the ward of a professional guardian in Miami. Yours and your loved one’s lack of a personal relationship with the guardian is likely the main source of your reservations. Stories of professional guardians abusing the authority entrusted to them are out there, which may be perceived as an implication that they can operate with impunity. Yet are there ways for you to monitor a guardian’s actions?

Defining types of guardianship abuse

One of the main reasons that Miami residents are encouraged to see to their estate planning early on in their lives to protect themselves and their assets in the event that they become incapacitated. Those who do not risk their decision-making power being handed over to a professional guardian, who may be someone to whom they or their families have no connection with whatsoever. While the law does require that professional guardians be subjected to rigorous background screening and undergo several hours of specialized training, guardianship abuse remains a problem. The United States Government Accountability Office reports that between 1990 and 2010, select cases of guardianship abuse resulted in $5.4 million being stolen from wards.

What are the qualifications to be a professional guardian?

The hope of many in Miami may be that if the day ever arises where they are no longer able to care for themselves, family members or friends will be able to step in and see to their needs. However, if you have a loved one who has reached that point, your circumstances may not allow you the time and resources needed to provide for him or her. If he or she is not able to afford a caregiver, then having him or her placed under the care of a professional guardian may need to be considered.

What Our Clients Are Saying

  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
Read More...
  • NYSBA
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Aventura, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions