Florida Elder Law Blog - A blog by Elder Law Associates, South Florida's premier elder law attorneys, who handle elder law, medicaid planning, guardianships and much, much more.
Second marriages, significant others and blended families potentially give rise to contested guardianship situations.
One such case I recently handled involved a man who suffered from dementia in the middle, his three children from his first marriage of over 40 years on one side and his second wife on the other. In this case, the wife exhibited frustration and even violence toward her helpless spouse during his illness. She also refused to provide expensive, high quality care for him because it would reduce her spending money. His kids sued for guardianship to protect him, his assets and ensure he received the best care his money could buy.
After all, we work hard and save our money. Then, when we are ill and can afford personal, private care, we should be able to use our money for that purpose. The court granted our petition for the children to be their father's guardians. The wife no longer had control of his care or finances. The man had private care in his home for many years.
Signing Declarations of Pre-need Guardianship, Durable Powers of Attorney and Designations of Health Care Surrogate may negate the need for a guardianship. However, be sure the person you appoint has solely your best interest in mind and heart. Even with these documents, but especially without them, the guardianship process may provide the only forum for ensuring the best interests of the incapacitated person.
It's always best to consult a qualified, reputable
Florida Guardianship Attorney when dealing with such matters. We invite you to call us anytime for an initial consultation.
-- Ellen S. Morris, Esq.
Labels: Florida Guardianship
