OTHER AREAS OF PRACTICE
REAL ESTATE LITIGATION
The attorneys at Advocate Law Groups Of Florida have the breadth and depth of experience to handle the
prosecution or defence of real estate disputes between any of the parties in a transaction. The types of actions in
which they have been involved include:
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Mortgage loan foreclosures and workouts.
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Bankruptcy issues arising in connection with foreclosures, lease affirmations and mechanic’s lien claims.
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Tenant evictions.
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Landlord enforcement actions.
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Mechanic’s lien claims and other construction disputes between owners and contractors or architects and
between contractors and subcontractors.
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Warranty claims for defective construction.
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Broker lien and compensation claims.
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Partnership and other intra-owner disputes and partition actions.
In addition to representing firm clients before zoning boards, plan commissions and the like, the firm has
extensive experience in the areas of foreclosure and condemnation proceedings as well as challenging, in court, the
conduct of cities and villages in connection with zoning decisions, taxing policies and comparable land development
issues.
INTERNATIONAL REAL ESTATE TRANSACTIONS:
International real estate investment is more attractive than ever before. Quebec, Canada and many European countries
have strong consumer protection laws, making it seem less risky to purchase foreign property. Despite the apparent
ease of buying a vacation villa on the Costa del Sol or an apartment in Paris, American purchasers of European and
Canadian real estate need a guide. As well as many Canadians and Europeans purchasing property here in the United
States of America, need an advocate/guide for these purchases.
International land and property transfers are very different from those in the United States. If you are contemplating
buying or selling Canadian & European or other foreign real estate, contact an attorney with the knowledge and
experience to make the process as smooth and worry-free as possible. Call Advocate Law Groups of Florida, P.A.,
for a free initial consultation.
Although we focus on the purchase and sale of residential real estate abroad, we also act for clients engaged in
commercial international real estate transactions as well as transactions involving contract law. In all the provinces of
Canada, particularly in the province of Quebec, our clients have invested in shopping centres, condominiums, town-
homes, single family residences, multi unit properties and apartment buildings here in the United States. We help
people acquire or sell property in all the provinces of Canada; Kefallonia, Greece; France; Spain; and throughout the
European Union.
The real-estate market here in the United States of America is a gold mind for Europeans and Canadians. In South
Florida particularly Greek and French Canadians who have come or are coming to Florida to buy second homes and
commercial real-estate properties. These investors have greatly contributed to the growth of new businesses and
wealth in South Florida, and Advocate Law Groups of Florida P.A., has and will continue to play a critical role in
assisting these investors to accomplish their objectives whether it is within their home country, here in the United
States of America or abroad. Canadians, Europeans, Latin Americans/ South American have contributed a great deal
in the development of this Great country.
RESIDENTIAL AND COMMERCIAL REAL PROPERTY ISSUE
For most of us, a real property transaction involving either a sale or a purchase of residential or commercial
property is either the largest or one of the largest monetary transactions in which one becomes involved. Therefore, it
seems to me that the wisest course of action is always to retain a real estate attorney to advise you. The best time to
retain a real estate attorney (or any attorney for that matter) is before you sign a contract. However, if you have
already had a realtor prepare your contract—and this is quite typical in residential real estate transactions, you should
still consider having your own attorney represent you at the closing; or at the least have him or her review the closing
documents in advance of the closing. Since I am a real estate attorney WE usually want to prepare all the closing
documents, such as the contract, closing statements, appropriate affidavits and compliance agreements in my office.
WE also want to have the mortgage lender send me any mortgage loan documents and loan monetary figures so that I
can include them on the closing statements and then go over them with the folks who are borrowing the funds. I do
this for both Sellers and Buyers since in my opinion, it just seems to work better that way.
If you are purchasing real property, WE believe it is of the utmost importance to obtain title insurance and this is
true even if you are purchasing a new home that was built by the builder for you. It is the safe and secure way to
purchase real estate. There can be outstanding claims or liens about which even the developer/builder may have no
knowledge. Title insurance is the single most effective and least costly way to protect the owner of real property be it
residential or commercial. WE like to explain it this way: institutional mortgage lenders require what is known as a
mortgagee title insurance policy as part of the due diligence they must perform prior to advancing funds. This is a
type of title insurance policy that insures the mortgage lender that it has a valid mortgage and that it is prior to any
other liens (other than those the lender has already taken into account). A mortgagee policy protects the lender’s
mortgage but does not protect the landowner. So, if a mortgage lender requires a title policy, should that, in and of
itself, not convince a buyer that he/she/they must have their own policy of title insurance? We think it certainly does.
FLORIDA HOMESTEAD AND THE SAVE OUR HOMES CAP
In the state of Florida, if you are purchasing property as your homestead, you will be entitled to receive the
homestead exemption on the property. In order to have the homestead exemption, however, you must be a Florida
resident. The homestead exemption means that the first $25,000 of the homestead’s assessed value is not subject to ad
valorem real estate taxation. You must keep in mind that the homestead exemption is only available for those folks
who reside in the property as their homestead. Thus, if you put a child on the deed with you but if that child does not
reside in the homestead property, then you will lose at least a portion of the exemption. And you can also lose all of or a
portion of the Save Our Homes Cap. So, putting a child’s name on your deed may just be an unwise decision.
Well, okay, what is the Save Our Homes Cap (SOH)? It’s a provision in the Florida Constitution that limits the
increase in the annual assessment on homestead properties. The SOH limits the amount a homestead property can be
valued for assessment purposes to no more than 3% a year. Simply put, the SOH just “caps” the amount upon which a
homestead tax bill can be based. When that homestead is sold, SOH cap is removed and then the value for real estate
tax purposes is increased to whatever the market value as determined by the tax appraiser’s office is as of January 1 of
the year following the sale. WARNING: There is a “trap” for the unwary. I’ve seen deeds of homestead property
prepared by attorneys who are licensed to practice law in Florida but who live in other states and really practice
outside of Florida, but who claim that they understand Florida law. What happens if the attorney is not familiar with
the SOH cap is that they go ahead and make the transfer into trust and a year later, the SOH cap is lifted. The proper
thing to do until such time as uniform rules exist throughout the entire state of Florida is to check with the tax
collector in the county where the homestead is located and make sure that any transfer into trust will not result in a
loss of the SOH cap.
COMMERCIAL REAL ESTATE TRANSACTIONS IN FLORIDA
We can never recommend that a person or company purchase any commercial real estate in the state of Florida
without first consulting with a real estate attorney. If it is true that in the purchase of real property there are
substantial rewards for the investor, it is also true that it has substantial risks. It is important to confirm that the
zoning really is what it is said to be and this is equally important, that the zoning is in line with the city’s or county’s
or state’s comprehensive growth plans. If you are purchasing a commercial building, you need to know the status of
both the zoning and the comprehensive plan in the event the property is destroyed by fire or other hazard, such as a
hurricane. Can you rebuild it? Do you have to comply with new and more restrictive building or land use codes? Are
there hazardous substances underneath the ground or underneath neighbouring lands that can seriously impact on the
ability to develop or re-develop the property? Perhaps, you wish to purchase existing rental properties and convert
them into a condominium or a home-owners association (there are differences). Will the zoning and comprehensive
plan allow that? What steps have to be taken in order to formulate the plans you might have for converting to
condominium or home-owners association ownership? Is it economically feasible to do what has to be done? Are
there asset protection methods of holding title to the property? All of these and much more should be examined and
the best way to start is to retain an experienced real estate attorney who can look into many of the issues and can
direct you to where to find those answers that he is not able to handle for you.
ESTATE PLANNING OTHER THAN WITH A WILL OR A TRUST
Estate Planning involves much more than just having a last will and testament or a grantor revocable trust
(living trust). WE shall discuss wills, trusts and probate in another section of my website. In this section. We are
going to discuss pre-marital and post-marital agreements, durable powers of attorney and advance directives. These
documents as well as wills or trusts are all extremely important parts of proper estate planning.
PRE-MARITAL AND POST-MARITAL AGREEMENTS
When folks marry for a second or subsequent time, they usually wish to protect children, relatives or other
beneficiaries from their prior relationships. There is nothing inconsistent with wanting a happy and fulfilling marriage
with a new partner while at the same time wanting to protect those children or relatives. How is this accomplished?
We always recommend that a man or woman embarking on a new marriage should have a pre-marital
agreement (also called a pre-nuptial agreement). Such an agreement can and should carefully and clearly set out the
assets that each has and how those assets are to be distributed upon the death of a spouse or upon some other
termination of the marriage such as a divorce or annulment. If a couple has already married and do not have a pre-
marital agreement, then we recommend a post-marital agreement. The pre-marital agreement is best because it is
entered into before the marriage takes place and thus, the terms and conditions are set out in advance. We don’t have
to be concerned about a an incapacitated or recalcitrant spouse if that matter is taken care of before the wedding
occurs. Nevertheless, a post-marital agreement can also be effective in the event there is no pre-marital agreement.
Both, when properly prepared and properly executed, are going to be enforceable. A pre or post marital agreement can
and should contain just about any provision that the parties want in regard to how they will conduct their marriage.
For example, there can be provisions relating to cost-sharing of food, rental or mortgage payments, utility payments,
travel expenses as well as provisions relating to what assets are to be distributed to the heirs or beneficiaries of a
spouse when he or she dies or when a marriage is otherwise terminated. In the event of a divorce or annulment, there
can be provisions relating to the payment of or the waiver of alimony and attorneys fees. What we want you to keep in
mind is that the best way to protect your heirs in the event of a new marriage, is to have an agreement that clearly sets
out your goals, intentions and plans after your new marriage has commenced.
There are two issues that should be discussed. First, in order for a pre or post marital agreement to be
enforceable, it is best if each party attaches as an exhibit to the agreement a complete and up to date statement of his
or her assets and income. The reason for this is that since a spouse may be waiving, releasing or relinquishing
important rights, it is necessary to know what those rights are that are being waived, released or relinquished. By
attaching a copy of a financial statement, the intended spouses prove their awareness of what the other person’s assets
and income are. The second issue is also very important. Both parties to a pre or post nuptial agreement should have
their own separate attorneys. One attorney should not represent both parties to the agreement. The reason is that since
each party is perhaps waving, releasing or relinquishing rights in the assets and income of the other, it is important
that each party receive separate legal advice. we do realize that frequently folks feel that they have such a simple
situation that they don’t wish to have two separate attorneys. We don’t blame them. Nevertheless, one attorney should
not represent both parties. Therefore, if one does not wish to have an attorney, the attorney who represents the other
party should still not represent both.
DURABLE POWERS OF ATTORNEY
Durable Powers of Attorney. First: A quick lesson in terminology. A durable power of attorney is a document
that creates a relationship between the person who creates the durable power of attorney—he or she is usually referred
to as the “Principal” or as the “Maker,” and the one who acts for the Principal or Maker, and that person is referred to
as the attorney in fact. For purposes of a durable power of attorney, the words “Principal” and “Maker” mean the
same. A lot of times you will hear someone say that he or she is the “Power of Attorney” for someone. That’s not
technically correct. The Power of Attorney is the document, not the person. A durable power of attorney should stay
in force even in the event that the Maker has become incapacitated, but only so long as that person has not been
adjudicated incapacitated by a Court. A durable power of attorney automatically expires and is thus null and void,
simultaneously with the death of the Maker.
According to Florida Statute 709.08, in order to be valid in the State of Florida, the durable power of attorney must
contain the following language: “This durable power of attorney is not affected by the subsequent incapacity of the
principal except as provided in section 709.08, Florida Statutes.” The durable power of attorney can contain language
that is not the same as this so long as it clearly shows the Principal’s intent that the authority that is conferred by the
durable power of attorney is exercisable notwithstanding the Principal’s subsequent incapacity. This is the major
difference between a durable power of attorney and a general power of attorney that does not survive the incapacity of
the Maker.
This is as critical and as important a document to have as any other document you can name. A properly drawn
durable power of attorney will authorize the attorney in fact to conduct the affairs of the Maker in a number of ways,
all of which are designed to enable the attorney in fact to carry on the affairs of the Maker the same as if he or she
could or would do. A durable power of attorney that is to be used in Florida should be signed by the Maker and should
be witnessed by two persons and should also be notarized. The notary can be one of the two witnesses, but if so, the
notary needs to sign the document twice—once for being a witness and once for being the notary. Different states
have different requirements that are related to the validity of durable powers of attorney so if you have one that was
not drawn in Florida, it's very, very wise to make sure it is valid here, BEFORE you need to have it used. For
example, if you want to use a durable power of attorney to convey real property in Florida, the document MUST be
witnessed by two persons and must also be notarized. I can't tell you how many times I have been involved with real
estate transactions where a power of attorney prepared in some other state had to be used. The laws of some other
states might not require that a durable power of attorney must have 2 witnesses to be used to convey real property. But
the state of Florida does, so keep that in mind if you are planning to use a durable power of attorney to transfer the
title to real property within the state of Florida.
I, personally, believe that if you reside in the state of Florida, you should have a durable power of attorney drawn in
this state, regardless of what your previous attorney told you. But I'm a Florida attorney and I would say that, wouldn't
I? No matter what, if your durable power of attorney is to be used in Florida it is very wise to check to make sure it
meets all of Florida's requirements.
Here are some of the provisions that I believe should be placed in a durable power of attorney: They are, in no
particular order:
1.
Provisions to sell, mortgage, encumber and convey real estate;
2.
Provisions to enter safe deposit boxes, to negotiate, cash, make bank deposits, receive and otherwise use and
handle checks, drafts, and money market funds.
3.
Deal with the department of motor vehicles, Internal Revenue Service, post office, social security
administration, veteran's administration, Medicare and those agencies that provide welfare services including but not
limited to S.S.I., S.S.D.I., and Medicaid.
4.
Provide for the ability to make gifts and to do whatever may be necessary and appropriate to carry out estate
planning for the purpose of affecting the wishes of the Maker of the durable power of attorney.
5.
It is sometimes appropriate to have a durable power of attorney address such matters as Medicaid planning and
disability planning, including the ability to create or modify an existing trust, if there is one. Also, in Medicaid
planning, it is absolutely necessary to have a durable power of attorney provide the authority to establish, create and
where necessary, amend or modify certain types of trusts, known as qualified income trusts, elective share trusts,
irrevocable income producing trusts, special needs trusts and spousal sole benefit trusts. Additionally, there is
something known as a lifetime personal needs contract and it is necessary that a durable power of attorney permit the
attorney in fact to execute one of these for the maker or creator of the durable power of attorney.
6
We also recommend that the durable power of attorney contain language that is similar to the language used in
a designation of health surrogate document, which will enable the attorney in fact to make health care decisions, if
necessary. This is not critical, if there is a living will with health surrogate designation document, but sometimes, it's
wise to be extra cautious.
7.
We also like my clients to have durable powers of attorney that contain a provision for the right of the attorney
in fact to obtain a do not resuscitate order, should that unfortunate situation arise.
8. The durable power of attorney that I prefer to use contains language that allows the attorney in fact to execute
documents that are held in a Totten Trust and also a living trust.
Every now and then, someone will tell me that they know they need a durable power of attorney in the event
something catastrophic happens, but they do not trust their children or heirs sufficiently to give them the awesome
powers that are contained in a durable power of attorney. WE do not know how to deal with this. Please remember,
however, that this is not any type of honour to bestow on someone. A durable power of attorney imposes a burden and
what must be done is to try and determine who can best fulfil that burden. If you cannot trust your children, or any
other person for that matter, with the powers to be given by a durable power of attorney, then you should discuss this
you’re your attorney.
ADVANCE DIRECTIVES
Florida Statute 765 provides that an Advance Directive is a written witnessed document or oral statement in
which instructions are given or expressed concerning any aspect of a person’s health care. This includes, but is not
limited to a living will, the designation of a health care surrogate or the making of an anatomical gift. An Advance
Directive that has been executed in another state but that complies with the law of the State of Florida will be
recognized as being valid. The Statute also provides that any competent adult (over the age of 18) can make a living
will or written declaration for the purpose of directing the withholding or withdrawal of life-prolonging procedures in
the event that such person has (1) a terminal condition; (2) an end-stage condition; or (3) is in a persistent vegetative
state. A living will must be signed by the principal (the one making it) in the presence of two subscribing witnesses,
one of whom is neither a spouse or blood relative of the principal. If the principal is physically unable to sign the
living will , one of the witnesses must subscribe the principal’s signature in the principal’s presence and at the
principal’s direction.
Further, another section of Chapter 765 provides that a person may designate a surrogate to make health care
decisions for a principal. A designation of health care surrogate shall be signed by the principal in the presence of two
subscribing adult witnesses A person unable to sign his/her name may, in the presence of witnesses, direct that another
person sign the principal’s name as required by the statute. The person who has been designated as the surrogate shall
not act as witness to the signing of the document designating him/her as surrogate. At least one person who is a
witness must not be either the principal’s spouse nor blood relative.
Florida law does not, at this time (January of 2006), require that an Advance Directive be notarized. However,
it is strongly advised that whomever does execute such a document have it notarized.
The matter of Advance Directives has taken on great importance and significance because of recent actions by
the Florida Legislature and Governor and by the U.S. Congress and the President in regard to a woman who was
determined to be in a vegetative state, here in Florida. It is not my intention to discuss what was or was not proper in
regard to the woman’s care; nor to discuss who was right or who was wrong in regard to the method of that treatment
and care. The position that the husband took and the position that the parents and other family members took, has been
and will probably continue to be the subject of much debate—but not here. I must say, however, that regardless of
one’s personal views on how the woman should have received care and treatment, the intervention of the Florida
Legislature, the Governor, the U.S. Congress and the President, was an unwarranted intrusion into the matter. I believe
that we all must be concerned when elected officials decide to get involved in personal and individualized matters.
This is especially true where such officials are responding to a large number of letters, phone calls and emails, which,
in the end, did nothing but to further inflame what in my opinion was a highly personal matter that was best left to the
Courts.
In fact, it is interesting to note that even after all the interference from elected officials, one of whom claimed
that to be able to diagnose the woman’s condition not by ever personally examining her, but by looking at televised
photos of her, every Court of Law that examined the matter, concluded that the original trial Judge ruled correctly.
The Courts—State and Federal—all refused to get drawn into the political issues; and for that, and regardless of how
you believe that the matter should have been concluded, we should all be thankful.
I believe that everyone should consider having an Advance Directive, that it should be in writing and that it
should be prepared by the attorney of your choosing. I know there are many pre-printed forms, but I am a believer in
using the services of professionals when it comes to decisions that involve great impact. After all, these are such
highly personal matters, that it be-hooves us to take the utmost care to be sure we have fully and carefully set forth
what we want.
WILL TRUSTS AND PROBATE
A Will is a document that expresses your "will" regarding what you want done with the assets of your estate. If
you are an adult, you need a Will regardless of your age, whether you are single or married and whether you own
property jointly with another. You even need a Will if you have a Living Trust (it's called a pour over Will). If you
don't have a Will, the Florida Probate Code dictates how any assets in your name will be distributed.
In order to administer property that passes from a descendent to his or her heirs by the terms of a Will, probate
proceedings are necessary. In other words, if you have just a Will, property or assets in only your name must go
through probate proceedings before they can be distributed to the beneficiaries.
Probate proceedings are brought in the Circuit Courts of the State of Florida. They usually take from four to six
months to complete; sometimes up to a year. Federally taxable estates may take much longer. When a Will is filed in
Probate Court it becomes a matter of public record and can be examined by anyone from the plain curious to the
collection agent.
Probate fees can be quite expensive; and of course, all such fees can be eliminated by simply avoiding probate
proceedings. However, one should not get caught up in all of the "hype" surrounding the idea that probate should be
avoided at all costs. In fact, probate proceedings are not all that mysterious, nor are they necessarily complex. As with
all estate planning, before you decide you must have a Living Trust in order to avoid probate, you should consult with
an attorney who is knowledgeable in estate planning.
LIVING TRUSTS
Living Trusts are a way to avoid probate. Assets held in the name of the Trustee of a Living Trust pass to heirs
and beneficiaries without probate. The Trustee of the living Trust can be you. When you create a Living Trust, you
never lose control of any of your assets or property because you are the Trustee. Thus, by creating a Living Trust, you
save your heirs the costs of probate.
When you create a Living Trust, you can specify that if you become incapacitated a person of your choosing
can take over your property and take care of you. This could enable you to avoid the impact of Florida's Guardianship
Law, since it would not be necessary to have a guardian appointed because the Living Trust takes care of the matter.
Florida's Guardianship Law is costly, cumbersome and, quite frankly, degrading. It is often a wise idea to create a
"guardianship plan" in the trust document.
By virtue of a Living Trust, you can take full advantage of all of the Federal tax credits that the Internal
Revenue Code allows. A couple with a Federally taxable estate without a proper estate plan, may very possibly find
that at the death of the both of them, there will be a Federal Estate Tax obligation in excess of several hundred
thousand dollars. This could be avoided by use of a properly drawn Living Trust in which language is used enabling
both the husband and wife to take full advantage of the tax laws. Thus, on a Federally taxable estate, you could avoid
paying any tax (as well as avoiding any probate fees).
Great caution should be exercised when having trusts drawn by non-lawyers since recent legislation has added
to the complexity of trusts. Also, you should always meet with the attorney who is preparing your trust documents.
Insist on it
ATTORNEY CARE-GIVING AND PATIENT ADVOCACY
There are times when it may be prudent to employ an attorney to assist in providing and coordinating care for
persons who find it difficult to live alone. Attorneys are also being used to check up on loved ones or patients in
nursing homes or in assisted living or retirement facilities. This all stems from the belief that good care whether in a
nursing home (or in any other facility) does not depend on whether a person is a Medicaid recipient or is a private pay
patient. Good care depends on whether someone comes to visit you or a loved one and it depends, also, on whether
there is someone who knows how to get the assistance and care you or your loved one needs and ought to have.
Sometimes, a husband or a wife, try as they might, are just not able to do what has to be done to assure good
care. Often, there are no family members or if there are, they may not be close by, so that they can make sure you or
your loved one are treated with the utmost dignity and respect. That's when the attorney who advocates for a patient
can be used effectively.
Some of the care planning and patient advocacy service attorneys, familiar with care-giving services, can
provide include:
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Initial interview with client or relative to evaluate the level of care that may be needed
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Arrange for personalized home care and assistance
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Arrange for nursing home placement
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Arrange for assisted living facility placement
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Arrange for appropriate medical and nursing care
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Arrange for medical appointments and needed transportation
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Attorney meetings with care providers
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Attorney unannounced visits to nursing home and assisted living facility
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Nursing home intervention and advocacy
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Bill paying and budget keeping services
■
Act as health care surrogate (with permission of client or family members)
■
All needed advocacy on behalf of the client
■
Housing arrangements in times of crises
Fees for such services are usually arranged on an individual basis after consultation with the client or with the
person arranging for the care-giving services.
The most important thing to keep in mind is that the funds an individual has acquired over his or her lifetime
ought to be used solely for the benefit of that person for so long as he or she lives. This view leads to the obvious
conclusion that each client who may need care assistance or some type of advocacy with a nursing home, a living
facility, a doctor, or anyone else is entitled to receive and must receive the maximum care and dignity. Nothing less is
acceptable.
If you would like more information on care planning and patient advocacy services provided by Jon B
Lindeman Jr. ESQ , feel free to contact him at his office or contact your elder law attorney.
COMMERCIAL LITITGATION:
Jon B Lindeman Jr., ESQ has assisted clients with a broad range of commercial litigation and business
concerns. His approach to the cases has been tailored to the needs and circumstances of the client. Some cases have
been able to be resolved without resorting to the courts---through negotiation and subsequent drafting of commercial
transactional documents. Other cases have required trials. The types of cases have been varied: business torts, patent
infringement, misappropriation of intellectual property, banking fraud, antitrust, franchise protection, oil and gas lease
and assignment conflicts, and oil and gas royalty litigation.
As with any decision involving the law and your rights - choosing the lawyer that will represent you through
the commercial litigation process, whatever it may be, is a very serious and important one. You are welcome to
contact us to discuss your case.
GUARDIANSHIP LITIGATION
In Florida, adults who are either partially or totally incapacitated (and sometimes minor children who receive
large amounts of money or assets) may require the establishment of a legal guardianship over their person and / or
their property. For example, an elderly person with advanced Alzheimer's disease, or an accident victim with severe
and permanent head trauma, may have great difficulty managing his or her financial affairs, as well as certain aspects
of their daily lives. Under such circumstances, the Court may find that the person is partially or totally incapacitated,
and upon such a finding, the Court must establish a guardianship for the incapacitated person. The legal guardian is
then responsible for doing those things for the incapacitated person, who is known as the "ward".
It is the public policy of the State of Florida to use the "least restrictive means" necessary to protect the
incapacitated person. This means that the Court must look to see whether there are alternate, less restrictive means
available to protect and care for the incapacitated person and their assets. For example, a Trust might be a less
restrictive alternative if the Trustee is responsible for managing the ward's assets and / or for providing certain
services to the ward, such as adequate health care, housing and food.
If the Court finds that there is no other alternative, then a guardianship is required and the Court must
immediately appoint a legal guardian. The legal guardian must then administer the ward's assets (if it is only a
guardianship over the ward's property), or provide daily care for the ward's person (if it is only a guardianship over the
person), or both if both are ordered by the Court. This process of opening the legal guardianship and administering it
on a daily basis is called a "guardianship administration".
Legal guardians must report to the Court at least annually as to the status of the ward's person and assets. If the
guardian is not also an attorney licensed to practice in Florida, then the guardian must retain an attorney to represent
them in Court.
However, if there is a legal battle over whether the individual is in fact incapacitated in the first place, or as to
who should serve as their legal guardian, or whether the legal guardian is currently acting in the ward's best interest,
or a multitude of other possibilities, then you are involved in "guardianship litigation".
Like probate litigation, these legal battles can be very emotionally charged and can take many months or even
years to resolve. Advocate Law Groups of Florida, P.A has the experience necessary to help you obtain your goals ,
and we will vigorously represent you in order to achieve them.
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