Guardian May Charge Fees, Even if Family
A guardian may charge fees for acting as guardian. That basic principle is not really surprising or disputable. But the notion persists that this important work should not cost, or at least be inexpensive. We have written about guardianship fees before. The subject comes back up because of a recent Florida Court of Appeals decision […]
Trust Administration Potpourri
Here at Fleming & Curti, PLC, we comb recent case reports and news items looking for a good story to illustrate important legal principles. We are always on the lookout for stories about, for instance, trust administration issues. Sometimes our work is easy; sometimes there just don’t seem to be great recent stories. Perhaps it’s […]
Mediation in Guardianship Proceeding Can Be Effective, But Raises Questions
FEBRUARY 8, 2016 VOLUME 23 NUMBER 6 Sometimes court proceedings are necessary in order to resolve differences of opinion — but almost everyone recognizes that it is good to seek resolution by a simple agreement when the parties can resolve their differences outside court. Mediation, for instance, is a great way to resolve many legal […]
New Florida “Trust Protector” Case Shows How the Idea Can Work
DECEMBER 8, 2014 VOLUME 21 NUMBER 44 We’ve written several times about the relatively new concept of “trust protectors.” The idea is that a trust can be much more flexible if someone — necessarily someone who is entirely trustworthy — has the power to make at least some kinds of changes after the trust becomes […]
Powers of Attorney: Draft With Care and Use as Instructed
APRIL 7, 2003 VOLUME 10, NUMBER 40 Recently two different state courts addressed the exercise of authority made pursuant to a durable financial power of attorney. These cases illustrate why care should be taken both in drafting a power of attorney and in choosing an agent. In Florida, after David R. James II died, four […]
