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Florida Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

Category:
Family Law - Conservatorships
State:
Multi-State
Control #:
US-01174BG
Format:
Word; 
Rich Text
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Description

A conservatorship is created by the appointment of a conservator, also sometimes called a guardian. A conservator is a person appointed by a court to manage the property, daily affairs, and financial affairs of another person (sometimes called the ward), who is unable by reason of a physical or mental infirmity or age to handle his/her affairs. For example, an adult daughter may be appointed as the conservator for her father who is suffering from advanced Alzheimer's disease. An open hearing is held before the appointment is made.


This form is an example of an objection to the appointment of a particular person as conservator. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

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How to fill out Objection To Appointment Of Petitioner As Conservator Of The Estate Of An Adult?

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FAQ

Section 744.108(1) Florida Statute provides that an attorney who has rendered service to the ward or the guardian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.

Guardian's compensation; bond premiums. 744.641 Guardian's compensation; bond premiums. ?The amount of compensation payable to a guardian shall not exceed 5 percent of the income of the ward during any year and may be taken, by the guardian, on a monthly basis.

Voluntary Guardianship - Florida Statute 744.341 When voluntarily petitioned by a person who, though mentally competent, is incapable of managing their assets by reason of age or physical infirmity, the court may appoint a guardian of the property.

A relative, an interested person, or a professional guardian may request a court to determine the capacity of an alleged incapacitated person. Upon filing a request to determine capacity, the court appoints an attorney for the alleged incapacitated person and three examining committee members.

Per Florida Statute 744.3085, A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities if the person lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person, property, or estate, or if the person has ...

Formal notice of the petition for appointment of guardian shall be served on any parent who is not a petitioner or, if there is no parent, on the persons with whom the minor resides and on such other persons as the court may direct. (e) Initial and Annual Guardianship Reports.

(1) NOTICE OF PETITION TO DETERMINE INCAPACITY. --Notice of the filing of a petition to determine incapacity and a petition for the appointment of a guardian if any and copies of the petitions must be served on and read to the alleged incapacitated person.

Section 744.102(12) of the Florida Statutes provides that an ?incapacitated person? is ?a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.? A person is deemed to lack the ...

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