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A guardianship refers to court ordered management of affairs for someone who is no longer capable of managing his or her own affairs. There are two common types of guardianships under Florida law. In a limited guardianship, the ward (subject of the guardianship) would retain some decision making rights. In a plenary (or full) guardianship, the guardian would assume all decision making rights for the Ward.
Whether you are a Florida resident or reside out-of-state, our lawyers can help you administer the estate of a loved one who has passed away. Estates are administered through the Florida circuit courts under the probate division. Not all estates or assets of an estate must go through probate, depending on whether there was a will or a trust and the type of estate planning carried out.
Effective estate planning offers asset protection and preservation. Our lawyers at The Law Office of Katherine Schnauss Naugle, P.L. work with clients to create estate planning that not only allows the client to pass on property according to the client’s wishes, but also minimizes the tax burden for beneficiaries. Proper estate planning puts in place decisions regarding elder care and management of affairs should a senior citizen become mentally or physically incapacitated.
The Florida Legislature has recognized that every competent adult has the fundamental right of self-determination regarding decisions pertaining to his or her own health, including the right to choose or refuse medical treatment or procedures which would only prolong life when a terminal condition exists. This right, however, is subject to certain interests of society, such as the protection of human life and the preservation of ethical standards in the medical profession.
Any competent adult may also designate authority to a Health Care Surrogate to make all health care decisions during any period of incapacity. During the maker’s incapacity, the Health Care Surrogate has the duty to consult expeditiously, with appropriate health care providers. The Surrogate also provides informed consent and makes only health care decisions for the maker, which he or she believes the maker would have made under the circumstances if the maker were capable of making such decisions.
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“Katherine B. Schnauss Naugle, esq. puts the face of compassion on the face of the law. I am a minister and have relied on her advice, counsel, and expertise on several occasions. She is honest and straightforward and explains the law pertaining to situations in layman’s terms without resorting to legalese. I recommend her without reservation.” – Legal Client
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