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Tagged: guardian

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
preneed guardian

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.

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Digital Assets Part III: Victory!

April 13, 2016April 13, 2016Jeffrey A. Cramer Estate Planning, Newsletter digital assets, estate, Facebook, fiduciaries, guardian, personal representative, power of attorney, trust, trustee, will
Digital Assets

In previous posts, we addressed digital assets and how difficult it might be for fiduciaries (personal representatives or trustees) of an estate to access the digital assets of a deceased loved one, specifically their Facebook account and assets such as email accounts. Although we had hopes that the Florida legislature would pass a bill on the subject early last year (Senate Bill 102), it unfortunately died on May 1. The Legislature, however, was determined to pass a bill on the subject, and we can now say that it has!

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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
Guardianship Court

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.

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UTMA AND UGMA ACCOUNTS: SMART SAVINGS PLAN OR TRAP FOR THE UNWARY?

July 29, 2014July 29, 2014Jeffrey A. Cramer Estate Planning, Guardianship, Newsletter, Trusts estate, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida estate planning, Florida estate planning lawyer, Florida Estate Plannning, guardian, guardian for minor child, Guardianship, Guardianship Attorney, Jacksonville, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville Guardianship, Jacksonville trust lawyer, Keywords: estate planning, kids, minors, Newsletter, trust, trustee, Trusts

When working with clients who have minor children, we spend a lot of time discussing the kids: their individual personalities, the values the clients are trying to instill, and concerns for their future. We do our best to craft an estate plan that will secure the children’s financial future. This usually involves planning both from a financial perspective (making sure there is enough money for future expenses, especially if something happened to the clients), with the help of the clients’ financial advisors, and from a legal standpoint (ensuring the children will have access to any money when and how the clients judge best).

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RELATIONSHIP SERIES – PART 3

April 18, 2014Jeffrey A. Cramer Estate Planning, Guardianship, Newsletter, Trusts, Wills Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida, Florida estate planning, Florida estate planning lawyer, Florida Estate Plannning, guardian, guardian advocacy, guardian advocate, guardian for minor child, Guardianship, Guardianship Attorney, health care power of attorney, health care surrogate, Jacksonville (plus any combo of attorney/lawyer/will/trust etc.), Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville Guardianship, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Jacksonville will lawyer; Jacksonville trust lawyer, Keywords: estate planning, minors, prenuptial, prenuptial agreement, Professional Guardian, revocable living trust, second marriage; divorce, siblings, special needs, special needs planning, Special Needs Trust, special needs trusts, temporary guardian, Trusts, Wills

Our Relationships Series previously has covered the unique estate planning challenges faced by blended families and by same-sex and other unmarried couples.  Today we will address another group that is in dire need of proper planning: families with children under the age of 18.

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CONTESTED GUARDIANSHIP: NOT EVEN THE RICH AND FAMOUS ARE SAFE

January 17, 2013Jeffrey A. Cramer Elder law, Estate Planning, Guardianship, Uncategorized Designation of Preneed Guardian, estate planning lawyer, guardian, Guardianship, Guardianship Attorney, power of attorney, revocable living trust

While even the simplest guardianship is an expensive, lengthy, and public undertaking, a contested guardianship can be much worse.  A contested guardianship is a case in which there are multiple interested persons (usually family members) with different ideas of what is best for the incapacitated person (the “ward”).  As you might imagine, contests like this can drive up the financial and emotional cost of the proceeding, delay results, and air a family’s “dirty laundry” in open court.

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PROFESSIONAL GUARDIANS: ADVANTAGES AND DISADVANTAGES

September 6, 2012Jeffrey A. Cramer Estate Planning, Guardianship, Uncategorized Estate Planning, Estate Planning Attorney, estate planning lawyer, guardian, Guardianship, Jacksonville trust lawyer, Jacksonville will lawyer, Professional Guardian

     A professional guardian is exactly what it sounds like: a person whose job is to serve as guardian for people who are legally incapacitated and need a guardianship.  Like other guardians, a professional guardian is appointed by a court to watch over an individual’s person and/or property.  This can be done either voluntarily or involuntarily after the court decides that the individual needs a guardian because she is not able to take care of herself and/or her property.

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HOW DOES THE GUARDIAN ADVOCACY PROCESS WORK?

July 19, 2012July 19, 2012Jeffrey A. Cramer Estate Planning, Guardianship, Uncategorized developmental disability, Estate Planning, Estate Planning Attorney, estate planning lawyer, guardian, guardian advocacy, guardian advocate, Guardianship, special needs, special needs planning

(Guardian Advocacy Series – Part Five)

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WHERE SHOULD A GUARDIAN ADVOCACY BE ESTABLISHED?

June 28, 2012June 28, 2012Jeffrey A. Cramer Uncategorized developmental disability, Estate Planning, Estate Planning Attorney, estate planning lawyer, guardian, guardian advocacy, guardian advocate, special needs, special needs planning

(Guardian Advocacy Series – Part Four)

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PROTECTING YOUR CHILDREN

June 21, 2012June 22, 2012Jeffrey A. Cramer Estate Planning care, child, child protection plan, children, disability, financial plan, guardian, kids, minors

Summer is here!  That means lots of sunshine, warm weather, and kids enjoying time to play outdoors.  But will your kids be able to enjoy their summers if you are not around to care for them?  Most people do not like to think about the possibility that something may happen to them where they would not be able to care for their children, but the unfortunate reality is that unexpected things do happen.  If something occurs that renders you unable to care for your children, even for a brief period of time, and you do not have a plan naming guardians in place then the Florida Department of Children and Families (DCF) likely would have to take your children.  This means that your children would be cared for by strangers until you either were well again or until the authorities could figure out other arrangements.  No parent wants that.

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