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Florida Guardianship Practice
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Florida Guardianship Practice offers a concise, complete guide to this dynamic and complex area of law, from pre-guardianship planning through termination. In addition to exploring guardianship alternatives, stressing medical and legal issues, it analyzes all facets of practice under F.S. Chapter 744.
The Eleventh Edition has been updated to reflect rule and statutory changes, as well as current case law. Coverage also includes:
- Updated rules, statutes, and recent case law.
- New material related to the COVID-19 pandemic, and electronic notarizations.
- New sections on contested guardianships, fees as a sanction, and COVID-19 tax considerations; a fully revised chapter on public and private benefits; and a new chapter on professional guardians.
- New forms, including forms for designations of health care surrogates, a living will, and a Centralized Intake Fiduciary Coversheet for VA guardianships.
- Rewrites of sections on records access, alternatives to guardianships, and conflict with the Baker Act.
- Updated material on the Tax Cuts and Jobs Act of 2017, guardianship reports, orders not to resuscitate, Veterans Administration guardianships, the removal of a guardian by statute, and reversing incapacity.
- Elaboration on the role of the attorney in guardianship proceedings.
- Expanded material on F.S. Chapter 765 (Health Care Advance Directives), assisted living facilities, single custodianships, ethical issues, identifying who the client is, undue influence, determining incapacity, duties of guardians of property, guardian advocates for persons with a developmental disability, the rights and duties of natural guardians, and the restoration of capacity.
- Clarification of terms and case descriptions.
Visit our Estate Planning website for a complete list of The Bar’s Estate Planning related titles.
Visit The Florida Bar Legal Publications Publications website for a complete list of The Bar's titles.
The ISBN for the 10th Edition was 9781522166641.
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Table of contents
Chapter 1 Introduction
Marsha G. Madorsky and Gutman Skrande
Chapter 2 Public And Private Benefits in Guardianship
Emma Hemness and Twyla L. Sketchley
Chapter 3 Fees And Other Costs In Guardianship Proceedings
Edward A. Shipe
Chapter 4 Health Care Surrogates, Living Wills, And Related Issues
Stacy B. Rubel and J. Eric Virgil
Chapter 5 Durable Powers Of Attorney
Michael L. Foreman, Todd D. Kaplan, and Jordan J. Riccardi
Chapter 6 Use Of Joint Ownership
J. Richard Caskey
Chapter 7 Use Of Trusts
Ronda D. Gluck
Chapter 8 Health Law Issues
Susan E. Anderson
Chapter 9 Florida Uniform Transfers To Minors Act
G. Charles Wohlust
Chapter 10 Role Of The Attorney In Planning
Richard C. Milstein and Dale Noll
Chapter 11 Introduction To F.S. Chapter 744
Twyla L. Sketchley
Chapter 12 Establishing The Guardianship
Cristina Papanikos and William T. Hennessey
Chapter 13 Guardian Of The Property: Duties, Powers, And Liabilities
Nicklaus Curley
Chapter 14 Guardian Of The Person: Duties, Responsibilities, And Liabilities
Robert P. Scheb
Chapter 15 Accountings And Reports Of Guardians Of The Property
Marsha G. Madorsky and Gutman Skrande
Chapter 16 Tax Aspects Of Guardianships
Mike Jorgensen
Chapter 17 Special Property Problems Of Guardianships
Lance McKinney
Chapter 18 Guardians Ad Litem And Court Monitors
Lance McKinney
Chapter 19 Veterans' Guardians
Stephen Margulis
Chapter 20 Public Guardianship
Alexandra V. Rieman
Chapter 21 Professional Guardians
Twyla L. Sketchley
Chapter 22 Guardian Advocates
Nancy E. Wright
Chapter 23 Guardianships For Minors
Rachel B. Oliver
Chapter 24 Restoration Of Capacity
Edward A. Shipe
Chapter 25 Conclusion Of Guardianships And Guardianship Appointments
Edward A. Shipe
Chapter 26 Role Of The Attorney In Guardianship Proceedings
Christin C. Gallardo and Benjamin F. Diamond
Chapter 27 Conservatorship
Robert P. Scheb
INDEXES
Citations
Cases
Subjects