ELDER LAW –GUARDIANSHIP QUESTIONS & ANSWERS(RATED A)

GUARDIANSHIP - TERMS -ANSWER GUARDIANSHIP TERMS • F.S 744.102 Definitions: 22 terms used in Florida Guardianship Law - ESSENTIAL TERMS • GUARDIAN • LIMITED GUARDIAN • PLENARY GUARDIAN • INCAPACITATED PERSON • NEXT OF KIN • PROFESSIONAL GUARDIAN • ALLEGED INCAPACITATED PERSON • WARD GUARDIANSHIP - WHO NEEDS A GUARDIANSHIP -ANSWER WHO NEEDS A GUARDIANSHIP? • MINOR: who has a claim, personal injury, property damage, wrongful death, or other cause of action; or is going to receive by an inheritance or other means, when the amounts received, in the aggregate exceed $15,000.00. F.S. 744.301(2)(e). • INCAPACITATED PERSON: means any person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person. F.S. 744.102(12) GUARDIANSHIP - PROCEEDING DETERMINE INCAPACITY -ANSWER DETERMINATION OF INCAPACITY PROCEDURE • VENUE: "The venue proceeding for declaration of incapacity shall be where the alleged incapacitated person [AIP] resides or is found. F.S. 744.202(1). • "The venue proceedings for the appointment of a guardian shall be: - County where the incapacitated person resides. - F.S. 744.202(2). GUARDIANSHIP - ADJUDICATORY HEARING -ANSWER ADJUDICATORY HEARING • "In the adjudicatory hearing on the petition alleging incapacity, the partial or total incapacity of the person must be established by CLEAR AND CONVINCING evidence." F.S. 744.331(5)(c). • "This standard is an intermediate standard of proof between the 'preponderance of the evidence' standard used in most civil cases, and the 'beyond a reasonable doubt standard' of criminal cases, requiring evidence '[to] be of such weight that it produces in the mind of the trier of fact a firm belief or conviction, without hesitation, as to the truth