How Traumatically Brain Injured Clients Could Have Avoided Guardianship
Hindsight is twenty-twenty and it is always easier to assess what should have been done after the fact. Consider some very simple yet powerful planning tips for your and your friends’ young adult children.
Tale: A.B. was nineteen (19) years old when he was hit by a police vehicle during a police chase. A.B. suffered traumatic brain injury. In addition to the resulting physical disabilities (including loss of balance) A.B. has cognitive losses. The trial attorney advised the parents that a guardianship was necessary in order to file suit against the police department and proceed with a claims bill in the Florida legislature.
Tips: In Florida, when a minor turns age 18 they are a legal adult. This includes your adult children even though you may still think of them as a ‘child.’ In addition to throwing a graduation party consider having the young adult sign the following legal documents to avoid guardianship and maintain privacy: a Durable Power of Attorney that will allow parents to commence a lawsuit and settle a claim; a Designation of Health Care Surrogate; and a HIPAA Authorization (see descriptions above).
Your clients, friends and neighbors will love that you saved them thousands of dollars that a guardianship could have cost the family, and you maintained their privacy simply by referring them to our office to create a legal plan.