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Widerman Malek Law Blog

How to Avoid Guardianship?

As you age, it is essential to consider the avoidance of guardianship. Avoiding guardianship rests solely on your intent as an individual and then your capability to draft those crucial documents that relay your wishes regarding who you want to take care of and make decisions for you on financial and medical matters.    Two […]

Common Estate Misunderstandings

People often wonder what they are entitled to see after a family member passes away or sometimes before, whether it is a power of attorney, living will, will, financial documents, etc.  So what are you entitled to and when?  The answer, like many legal answers is, it depends.  On what?  Well, is the person alive?  […]

The Danger of Guardianships

Musician Britney Spears, Artist Peter Max, and the Netflix movie “I Care a Lot” are a few of the headliners related to guardianships and conservatorships lately.  The picture they paint is a bit of a scary one and one that is often avoidable.  The picture is also one that is unusual, at least in my […]

Mason Williams Named to Board of Directors of Promise in Brevard

Promise in Brevard recently named Widerman Malek attorney Mason Williams as a member of its board of directors. Established in 2009, Promise is a 501(c)(3) nonprofit organization with a mission to provide affordable, independent housing for individuals with cognitive and physical disabilities utilizing public and private partnerships to develop a model community. When announcing the […]

Can a Court Appointed Guardian be Removed?

When it comes to caring for the elderly in your life, especially your parents, life can get tricky. Whether you live nearby or far away, having the time and resources to provide your elderly loved ones with everything they need can be tiring. In some cases, a guardian needs to be appointed in order to […]

Guardianship Basics Part IV: What are the steps to having a Guardianship set up?

By: J. Mason Williams IV The first step in setting up a guardianship is determining whether a guardianship is appropriate.  Things to consider include whether the individual possibly needing a guardianship (“Alleged Incapacitated Person”) has any advance health care directives or already has a guardianship in place. Next the type of guardianship you believe is necessary should […]

Guardianship Basics Part III: Who should have a guardianship set up?

By: J. Mason Williams IV A guardianship may be needed for someone who does not have any advance health care directives, i.e., power of attorney, health care surrogate, etc.  Typically, the individuals in need of a guardianship include the elderly, minors, and the developmentally disabled.  When a person decides to petition a court for a guardianship, […]

How is Child Support Determined?

Besides the emotional toll a divorce takes on a couple, the financial strain it can cause can be devastating.  Divorces are expensive.  Lawyer’s fees with court costs can be in the thousands of dollars.  Decisions on division of property may cause financial ruin.  When children are involved, there is almost always one party who will […]

Guardianship Basics Part II: Why do I need a Guardianship in place?

By: J. Mason Williams IV A person is typically in need of a guardianship if they have no advance health care directives, cannot take care of themselves or their assets, and they are in danger of hurting themselves or others.  It must be a determination made by the court system, not just a medical doctor, psychologist, […]

Guardianship Basics Part I: What is a Guardianship?

By: J. Mason Williams IV The Florida Bar defines a guardianship as “a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person and is governed by Chapter 744, Florida Statutes.”  What Is Guardianship? Pamphlet.  So what does that mean?  Well, it means […]

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