My husband has dementia and is under guardianship. Our business consists of our 2 boys, myself and my husband. We are in the process of selling our first rehab property and the guardian said that half the proceeds are to go into a guardian acct. Our business plan is to use the proceeds to purchase another property for rehabbing. This would ruin our business that was established for flipping homes. We have a trust that was not funded and I have power of attorney for all matters: health, banking, business, etc. Can I fund our trust and invoke power of attorney? Can my children and I remove my husband from the business in order to keep the business going as was all of our intentions when we started the business? I do not like that the guardian is into our financial business and wish I never took the advise of our doctor for seeking guardianship. Can I eliminate the guardianship?
If I understand your post correctly, a guardian has been appointed for your husband your husband's authority to conduct business affairs have been removed and delegated to the guardian who is a non-family member. Without more information, it would be impossible to say whether you can terminate the guardianship. Grounds for terminating a guardianship are: the ward has been restored to capacity (this is determined by the court upon evidence presented); when you have not been able to locate the Ward for an extended period of time; when the property subject to the guardianship has been exhausted; when the ward moves out of state; when the ward dies. A guardian can be removed for grounds, and replaced by one that may be more agreeable to you. For the grounds for removal of a guardian, you should review Florida Statutes Section 744.474.
As to whether your power of attorney is still valid, you will have to review the guardianship documents. Chances are the power of attorney has been terminated by the guardianship.
That's it for the guardianship part of your question. What you can do about your now incapacitated husband's membership in your LLC is going to depend first on what your operating agreement says, and if the operating agreement does not address your situation, then Florida's LLC law will dictate. For this part of your question, you should re-post a revised version of your question to address only that issue, or consult a business attorney.
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