The Right to Muddle Through

September 7, 2018Jeffrey A. Cramer Elder law, Estate Planning, Guardianship, Wills dementia, Guardianship, laws, professionals, spouse, system

If this isn’t a fundamental human right, I propose to make it one – the right to muddle through. This has been bothering me. America is supposed to be the land of the free, but that freedom becomes precarious when you reach “old age”. Florida’s Guardianship Law permits a Circuit Court Judge to strip you of all of your civil and personal rights. I’ve seen it happen in a 5 minute hearing. 5 minutes! That is all it takes to become a “ward of the state.” Unfortunately, unless we can start a massive human rights campaign right now, “the right to muddle through” is being lost here in Florida.

Big Changes

June 16, 2018Jeffrey A. Cramer Clients, Estate Planning, Guardianship, Probate, Trusts, Wills Big Changes, Estate Planning, Florida Estate Plannning, Guardianship, Jacksonville Estate Planning, Location, Moving, Probate, Wills

Change is underway at Cramer Law Center. First, we are moving in 2 weeks to new offices at 4655 Salisbury Road, Suite 100A. (The move will take place the week of June 25). If you enter from Salisbury, we will be in the third of 3 buildings in the “Quadrant at Southpoint” office complex. You also can enter from Belfort Road. If you turn in at the entrance to the Borland-Groover Clinic and keep going past the clinic, we will be the first of the Quadrant buildings. I believe the official designation is “Quadrant II.” This location near I-95 and JTB is more centrally located than our present offices. Although traffic during rush hour is bad everywhere in Jacksonville, at least there is more than one way in and out of the new offices—as contrasted to our present location. We will have a map up on our website as soon as we relocate.

The Intersection Between Exploitation of the Elderly and Guardianship – Be Careful Crossing!

April 11, 2018April 11, 2018Jeffrey A. Cramer Areas of Practice, Elder Abuse, Estate Planning, Guardianship elder abuse, Exploitation, Florida estate planning lawyer, Guardianship, Scams on Elderly

We recently have been involved in a case which highlights the distinction between exploitation and guardianship. An elderly gentleman was being systematically robbed by a younger woman he was infatuated with. She obtained power of attorney and withdrew over $100,000 from his accounts in less than 4 months, before the banks froze those accounts, reported suspicious activity to DCF (Florida Department of Children and Families), and a third party intervened to file a guardianship. Had she continued at that pace, he would have been flat broke in a little over a year.

Designation of Preneed Guardian

March 1, 2018March 1, 2018Jeffrey A. Cramer Areas of Practice, Durable Power of Attorney, Elder law, Estate Planning, General Law, Guardianship, Living Will Estate Planning Attorney, guardian, health care surrogate, Last Will

Not all estate planning “packages” of documents contain a Designation of Preneed Guardian. But, this oft overlooked document can make a big difference if someone challenges your advance directives or Power of Attorney in court. Who would challenge your documents? You might be surprised.

Married or Not Married? That is the Question, Part 2

November 21, 2017Jeffrey A. Cramer Areas of Practice, Durable Power of Attorney, Estate Planning, General Law, Guardianship durable power of attorney, Estate Planning, health care surrogate, marriage

In the recent case of Smith v. Smith, our Florida Supreme Court addressed the question of what happens to a person found to be legally incapacitated, who had a guardian appointed for them, and had the right to contract removed. Can that person marry?

Movies About Estate Planning: Oscars Edition

March 10, 2017Jeffrey A. Cramer Areas of Practice, Estate Planning, Guardianship, Trusts, Wills Guardianships for Minors, Manchester By the Sea, Movies about Estate Planning

Manchester by the Sea

The $3 Million Accident: Spousal Rights in Guardianship Proceedings

November 13, 2015November 12, 2015Jeffrey A. Cramer Estate Planning, Guardianship, Trusts children, Estate Planning, Guardianship, marriage, revocable living trust, second marriage, spouse

The recent Zelman case involved all-too-familiar fighting between a second wife and first kids. The children of 85-year-old Martin Zelman instituted guardianship proceedings alleging that Martin’s wife was taking advantage of him and isolating him from his children, in part to take control of his substantial assets. The children alleged that Martin had “accidentally” deposited $3 million in the couple’s joint bank account, and that the money should be returned to Martin’s sole ownership.

Florida Increases Protections in Guardianship

October 16, 2015October 19, 2015Jeffrey A. Cramer Estate Planning, Guardianship Estate Planning, Florida Estate Plannning, Florida Guardianship, Guardianship, ward

Guardianship is a legal concept where, if a court determines that a person (called the “ward”) is not capable of handling his or her own affairs due to age or incapacity, the court appoints a “guardian” to handle these affairs for the ward. We've previously addressed some predatory practices that have put individuals at risk (see here). Recently, new laws have taken effect in Florida to help provide increased protections for wards (see here).

Announcing Our New Branch On Amelia Island!

September 16, 2015Jeffrey A. Cramer Elder law, Estate Planning, Guardianship, Probate, Trusts, Wills Amelia Island, Estate Planning, Estate Planning Attorney, Florida estate planning, Florida estate planning lawyer

New Cramer Law Center Branch Amelia Island

We're thrilled to announce the opening of a new branch office on Amelia Island in order to better meet the estate planning and related needs of Northeast Florida residents! The office is located at 5211 South Fletcher Avenue.

When a Revocable Living Trust Collides With Guardianship Court

June 12, 2015June 11, 2015Jeffrey A. Cramer Estate Planning, Guardianship, Newsletter, Trusts Designation of Preneed Guardian, guardian, Guardianship, revocable living trust, trustee, Trusts

Revocable Living Trusts are planned with the intention of keeping the family out of court. If this intent fails, courts have alarming powers to interfere with your plan. The recent case of Rene v. Sykes-Kennedy illustrates this point.

Cramer Law Center

Planning Your Family's Future

Category: Guardianship

The Right to Muddle Through

Big Changes

The Intersection Between Exploitation of the Elderly and Guardianship – Be Careful Crossing!

Designation of Preneed Guardian

Married or Not Married? That is the Question, Part 2

Movies About Estate Planning: Oscars Edition

The $3 Million Accident: Spousal Rights in Guardianship Proceedings

Florida Increases Protections in Guardianship

Announcing Our New Branch On Amelia Island!