Florida Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

To get a conservatorship, you must file a petition with the local court where the incapacitated person resides. The petition must explain why a conservatorship is necessary and it must also include information about their last will and testament and estate assets.

A conservator is appointed to manage the affairs of "absentees" and has all the authority and rights of a guardian under Florida Code 747.035. However, guardians are chosen to manage the legal and financial affairs of disabled individuals.

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.

Becoming a Guardian in Florida However, if your parent is already incapacitated or unable to sign the power of attorney, you will need to file a petition with the local court and hire an attorney to help you with the process.

Guardianship Salary in Florida Annual SalaryHourly WageTop Earners$155,441$7575th Percentile$130,700$63Average$98,166$4725th Percentile$76,700$37

However, if a guardianship is granted by the court and a power of attorney is already enacted, the guardianship typically trumps any power of attorney because the court is determining that the person in question no longer possesses the capacity to make decisions like the appointment of a power of attorney for their ...

How to Petition for Conservatorship in Florida? You would have an interest in the absentee's estate if they were deceased; You are dependent upon the absentee for financial support or maintenance; and. The person who went missing meets the legal definition of an ?absentee,? as described in § 747.01, Florida Statutes.

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Florida Conservatorship Questionnaire