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How To Identify Clients And Personal Injury Cases That Require A Guardianship In Order To Bring The Claim, Continue The Claim Or Settle The Claim

If the settlement recipient is a minor ask yourself:

  • Do the settlement net proceeds exceed $15,000.00?
  • Are the minor’s parents deceased or incapacitated?

If the answer is ‘yes’ your client needs a guardianship then call Stephanie L. Schneider

A ‘minor’ in Florida is a child under 18 years of age. A guardianship of property is required when net proceeds exceed $15,000. A guardianship of both person and property may be required for a minor child if both parents are deceased or, incapacitated. The guardian can then make decisions about where the child will reside and attend school, authorize medical treatment and handle the child’s finances. The guardianship will terminate when the child becomes a legal adult at age 18.

If the settlement recipient is an incapacitated adult ask yourself:

  • Is my client incapable of understanding the consequences of accepting the settlement/mediation offer?
  • Is my client incapable of making financial or healthcare decisions or providing for their care including shelter, food, and personal hygiene?
  • Is my client at risk of being financially exploited or unduly influenced once I deliver the settlement proceeds?
  • Did my client neglect to sign a Durable Power of Attorney and Designation of Healthcare Surrogate before he/she was injured?

If the answer is ‘yes’ your client needs a guardianship then call Stephanie Schneider

If your client is incapacitated and the statute of limitations is running out, ask yourself:

  • Did my client neglect to sign a Durable Power of Attorney and Designation of Healthcare Surrogate before he/she was injured?

If the answer is ‘yes’ your client needs an emergency temporary guardianship. Then Call Stephanie L. Schneider

Emergency temporary guardianship is the temporary appointment of a guardian that lasts for 90 days. The emergency temporary guardian can serve as the plaintiff. Before the end of the 90 days it may be necessary to petition for a permanent guardianship if the situation has not been stabilized or the adult lacks capacity to execute legal documents such as a Durable Power of Attorney and Designation of Health Care Surrogate.

If the settlement recipient is an adult with a developmental disability ask yourself:

  • Is my client incapable of understanding the consequences of accepting the settlement/mediation offer?
  • Is my client unable to manage the settlement proceeds?

If the answer is ‘yes’ your client needs a guardian advocate appointed then call Stephanie L. Schneider

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Law Office of Stephanie L. Schneider, P.A.