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Guardianship and Incapacity

Jerome R. Siegel

Jerome R. Siegel, P.A.

The Law Office of Jerome R. Siegel, P.A. Represents Clients in Matters Involving Guardianship, Wills, Trusts & Estate Planning, Incapacity, Exploitation, Probate & Elder Law

What We Do:

The Law Office of Jerome R. Siegel, P.A. has more than 37 years of experience practicing guardianship, wills, trusts, estate planning and probate law in Florida. Through personal experience, Attorney Siegel has cared for loved ones and dealt with the anxiety, stress and joy of being a caregiver. Our practice areas include:

  • Elder Law/Elder Abuse
  • Guardianship & Incapacity
  • Estate Planning
  • Living Wills & Last Wills
  • Power of Attorney
  • Probate Law
  • Revocable Living Trusts
  • Exploitation

Call the Law Office of Jerome R. Siegel, P.A. at (954) 229-2226 today to schedule a consultation. We’re dedicated to seeing your probate dispute through from beginning to end.

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Florida Guardianship Law Explained:

In the state of Florida, you are legally considered to have capacity unless a Court finds that you lack legal capacity. If you are legally incapacitated, whether personally or financially, that means that you are not able to care for your person or property and are not related to person, place or time. In some cases, such as dementia or Alzheimer’s, this means that you may think you are young again or in another decade or in the place you grew up. In other words you are not aware of what you may be signing or what your physical or financial condition may be and as a result are transferring assets or lacking care without being aware of it,

If you lack capacity or are subject to either physical or financial exploitation or abuse, then you may need to have a guardianship filed on your behalf. IF YOU KNOW OF SOMEONE WHO IS BEING PHYSICALLY OR FINANCIALLY ABUSED OR EXPLOITED YOU MAY WANT TO CALL THE STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, ADULT PROTECTIVE SERVICES.

If you know of someone being physically, financially or mentally abused or exploited, you may want to consider filing an incapacity action in the Circuit Court of the jurisdiction the abused person resides in. In Broward County it is the 17th Judicial Circuit in Fort Lauderdale, in Dade County, the 11th Judicial Circuit and in Palm Beach County, the 15th Judicial Circuit.The purpose of the incapacity action is to seek to have the abused person declared incapacitated so that a guardianship can be filed on their behalf.

WHY FILE A GUARDIANSHIP? If the person being abused does not have a Durable Power of Attorney, Will, Living Will, Revocable Trust or Health Care Surrogate, then it may require the appointment of a guardian to make legal decisions for that person. Even if you have these documents, a guardianship may still be required depending on the individual issues involved. Once the guardianship is filed, a guardian may be appointed. That guardian can be a family member, a spouse, friend or professional guardian who will be able to make legal decisions. BELIEVE IT OR NOT, A SPOUSE OR FAMILY MEMBER MAY NOT BE ABLE TO MAKE DECISIONS ON BEHALF OF THEIR SPOUSE OR OTHER FAMILY MEMBER AND MAY NEED TO BE APPOINTED AS A GUARDAN TO MAKE SUCH DECISIONS!!!

Attorney Siegel and his staff understand that cases involving probate law, a power of attorney, living trusts and wills are stressful. The Law Office of Jerome R. Siegel, P.A. has an outstanding success rate for elder law cases. Call today at (954) 229-2226 for realistic and cost-effective estate planning.

The Law Office of Jerome R. Siegel, P.A. also offers representation for cases involving divorce, child custody, alimony and other family law disputes. Call today for details.
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