A Dangerous Curve Ahead: Access to Florida Guardianship Proceedings at Risk

By: Melody B. Lynch

Yesterday, the Orlando Sentinel reported that The Florida Bar Board of Governors, at the recommendation of The Real Property Probate and Trust Law Section of The Florida Bar, is considering a proposal to change Florida’s guardianship law to further reduce and limit the information available to family members regarding their loved ones involved in guardianship proceedings. In addition to limitations on family members, the media and other groups would also be barred from accessing guardianship records if the new proposal is adopted and ultimately ends up in the legislature. read more

Three Documents You Must Have to Protect Your Family During the COVID-19 Crisis and Beyond

By: Melody B. Lynch & Brian Lawrence

Naturally, COVID-19 has led to a large degree of uncertainty, which emphasizes the importance of having your estate plan in place – or establishing one if you have not done so already. While it is impossible to prepare for every possible contingency, there are ways to give yourself some peace of mind.

Here are three essential legal documents to execute during this crisis to help protect you and your family going forward: read more

Top 3 Tips to Protect Your Loved Ones in the Wake of the Rebecca Fierle Guardianship Scandal

By: Melody Lynch

Per AARP, an estimated 1.3 million American adults are under guardianship, with approximately 85% being over age 65.  In the wake of revelations that professional guardian, Rebecca Fierle, signed Do Not Resuscitate orders for a plethora of elderly wards in her care without knowledge or approval by family members, you may be wondering how to protect your family in the event that guardianship is necessary or appropriate. read more

Life Changing Alzheimer’s Or Dementia Diagnosis? 3 Ways Guardianships Can Bring Stability to Your Family

By: Melody Lynch

An Alzheimer’s or dementia diagnosis is scary and can leave a patient and their family with more questions than answers. Legal guardianships can provide asset protection, stability, and comfort in uncertain times. While less restrictive alternatives to guardianship may exist in some circumstances, guardianships are a legal vehicle which provides oversight and structure to families in crisis. Guardianships bring order to families by appointing a guardian to manage the affairs of the person affected by Alzheimer’s or dementia – known as the ward.

Guardianships address three primary issues:

  • A guardianship of the person permits a guardian to advocate for a ward’s physical needs and to participate in medical decisions, social decisions, and other decisions concerning the person such as where the ward should reside long-term.
  • A guardianship of the property alleviates the stress and pressure of financial management by giving a guardian the control to manage and invest the ward’s assets to provide for their care, maintenance, and long-term support.
  • Guardianships of the person, property, or plenary (both) provide assurance to the family that the ward will be taken care of and their assets will be preserved for their current and future care. While guardianships cannot change the medical diagnosis, they can provide peace and comfort so that the family can focus on the ward when they need it most.
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