Savings of Elderly Stolen, Assets Depleted; Financial Abuse On Upswing - ABC News
This is all too common; however, it does not have to happen to your family. Having a solid estate plan and a long term care plan in place can avoid many of these scam “artists.” These types of cases nearly always come into our office via a child who says Mom (or Dad) just refused to tell us anything. It is my belief that the parent refused due to a strong desire to maintain control and privacy. There are means to keep both while still putting in layers of protection. Seeing an attorney who can help map out a plan for the rest of your life and distribution following your passing is important.
Wednesday, July 27, 2011
Monday, July 18, 2011
Examining Committee for Guardianships
Written by: Jason A. Waddell
Attorney licensed in Florida
I have people inquire as to who makes the determination if someone lacks capacity or has capacity. Often people will bring me a note from the person's doctor, which isn't sufficient. Rather one needs to file a Petition to Determine incapacity & the Court will appoint the following within 5 days:
1. Psychaiatrist or other physician
One of the two.
2. The next two examining committee members can be from the following class:
Psychologist, gerontologist, another psychiatrist, or other physician, a registered nurse, nurse practitioner, licensed social worker, a person with an advanced degree in gerontology from an accredited institution of higher education, or other person who by knowledge skill, experience, training, or education may, in the court's discretion, advise the court in the form of an expert opinion.
These three members will need have taken a required course and go through a yearly review by the Court as it relates to their qualifications to remainin a potential examining committee member.
Each member will meet with the family and file a report with the Court. I will address that in a later post.
Attorney licensed in Florida
I have people inquire as to who makes the determination if someone lacks capacity or has capacity. Often people will bring me a note from the person's doctor, which isn't sufficient. Rather one needs to file a Petition to Determine incapacity & the Court will appoint the following within 5 days:
1. Psychaiatrist or other physician
One of the two.
2. The next two examining committee members can be from the following class:
Psychologist, gerontologist, another psychiatrist, or other physician, a registered nurse, nurse practitioner, licensed social worker, a person with an advanced degree in gerontology from an accredited institution of higher education, or other person who by knowledge skill, experience, training, or education may, in the court's discretion, advise the court in the form of an expert opinion.
These three members will need have taken a required course and go through a yearly review by the Court as it relates to their qualifications to remainin a potential examining committee member.
Each member will meet with the family and file a report with the Court. I will address that in a later post.
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