Fl guardianship laws, guardianship for mentally disable sister: Hello. I have a mentally disable sister thats an adult 53, my father is 80 and in poor health. He left some money for my sister only and Im afraid when he dies that my sisters companions, not legal guardians will have access to the money. Right now the money is in a CD in my fathers and my sisters name. Im nervous about this money going to my sister after my father dies. I have doubts about the companions from what I've seen but cant convince my dad of this. My sister has, in addition to the companions, a case worker and she is in a special school for the mentally challenged. Whats the best coarse of action to protect the money for my sister? I want to make sure she and she alone has access to the money. I'm also just a working stiff and no money for an attorney.
Shawn's answer: Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. There are a couple of points which you may wish to discuss with an attorney. First, your father may wish to set-up a special needs trust to provide for your sister. If he still has competency, this may be a good solution to ensure that the monies are not depleted if your sister is receiving government benefits. Second, if there is not a formal guardianship of your sister, you may wish to consult with an attorney to discuss the options here in Florida. It is unclear from your question what the relationship is of her “companions” nor to what extent your sister is disabled. A guardianship is generally applied in the least restrictive means by the Court. Meaning, that if a person has trouble managing money, the court may only order custody over finances and other freedoms will be left intact. Without more information, the best advice that I can recommend to you is to contact an attorney in your area and discuss the situation further with him. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Best of luck to you, Shawn C. Newman, Esq. Attorney At Law 1881 NE 26th Street, Suite 212E Wilton Manors, FL 33305 (877) 552-9385 Shawn@ShawnNewman.com Licensed to practice law in New Jersey, Florida and the District of Columbia
FL family law, signed rights over unstable conditions: i signed my rights over to my daughter because her father was mentally abuseing me.then he had his wife adopt her which him and his wife are getting a divorce noe.he has been misssing for 10 days now and no one has heard from him.is there anything that i can do to get my child back.when i signed the papers i was not in the rite state of mind and have medical records to prove it.so what can i do
Shawn's answer: Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. You should contact a Florida Family Law attorney to review the situation. If the agreement is deemed valid, and the step-mother has adopted the child, you may not have much recourse. However, if you lacked capacity to understand the nature and quality of your actions, and are now medically deemed to be competent and able to care for the child, there may be an opportunity to have the agreement declared void. Without more information, the best advice that I can recommend to you is to contact an attorney in your area and discuss the situation further with him. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Best of luck to you, Shawn C. Newman, Esq. Attorney At Law 1881 NE 26th Street, Suite 212E Wilton Manors, FL 33305 (877) 552-9385 Shawn@ShawnNewman.com Licensed to practice law in New Jersey, Florida and the District of Columbia
Am I responsible for paying back an insurance overpayment if i have told them about it: My son and I received two insurance checks for a car payoff 2 years ago. I sent the second one back and they sent it back to me to cash. They over paid, us double. I told them about it and do I owe the money now if they want it back?
Shawn's answer: Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. You should plan on repaying this money, as there does not seem any justifiable position to keep the money when you know it is not yours. Without more information, the best advice that I can recommend to you is to contact a attorney in your area and discuss the situation further with him. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Best of luck to you, Shawn C. Newman, Esq. Attorney At Law 1881 NE 26th Street, Suite 212E Wilton Manors, FL 33305 (877) 552-9385 Shawn@ShawnNewman.com Licensed to practice law in New Jersey, Florida and the District of Columbia