FLORIDA CHAPTER 744, GUARDIANSHIP LAW

PURSUANT TO FLORIDA CHAPTER 744, SECTION 1012, “THE LEGISLATURE FINDS THAT ADJUDICATING A PERSON TOTALLY INCAPACITATED AND IN NEED OF A GUARDIAN DEPRIVES SUCH PERSON OF ALL HER OR HIS CIVIL AND LEGAL RIGHTS AND THAT SUCH DEPRIVATION MAY BE UNNECESSARY. THE FLORIDA LEGISLATURE FURTHER FINDS THAT IT IS ALWAYS DESIRABLE TO MAKE AVAILABLE THE LEAST RESTRICTIVE FORM OF GUARDIANSHIP TO ASSIST PERSONS WHO ARE ONLY PARTIALLY INCAPABLE OF CARING FOR FOR THE NEEDS.  THE FLORIDA LEGISLATURE DOES RECOGNIZE THAT EVERY INDIVIDUAL HAS UNIQUE NEEDS AND HAVE DIFFERENT ABILITIES, THEREFORE, THE LEGISLATURE HAS DECLARED THAT IT IS THE INTENT AND/OR PURPOSE OF THIS ACT TO PROMOTE THE PUBLIC WELFARE BY ESTABLISHING A SYSTEM THAT ALLOWS OR PERMITS INCAPACITATED PERSONS TO PARTICIPATE AS FULLY AS POSSIBLE IN ANY AND ALL DECISIONS AFFECTING THEIR LIVES.

TO ASSIST SUCH PERSONS IN MEETING ALL ESSENTIAL REQUIREMENTS FOR THEIR PHYSICAL HEALTH AND SAFETY, IN PROTECTING THEIR RIGHTS, IN MANAGING THEIR FINANCIAL RESOURCES, AND IN DEVELOPING AND/OR REGAINING THEIR ABILITIES TO THE MAXIMUM EXTENT POSSIBLE.

ALL THOSE PURPOSES MENTIONED ABOVE  ARE OBJECTIVES THAT ARE ACCOMPLISHED THROUGH PROVIDING, IN EACH AND EVERY SINGLE CASE, THE FORM OF ASSISTANCE THAT LEAST INTERFERES WITH THE LEGAL CAPACITY OF A PERSON TO ACT IN HIS OR HER OWN BEHALF.”

THIS IS A DIRECT QUOTE FROM THE 2013 FLORIDA FAMILY LAW RULES BOOK IN ENACTING SPECIFIC LAWS, MOST OF THEM WITH ENOUGH AMENDMENTS, THUS GIVING ANY JUDGE PRESIDING OVER THOSE CASES BROAD LATITUDE TO ADJUST, RESTRICT, PROVIDE FOR SPECIAL EXCEPTIONS SINCE HUMAN BEINGS ARE INDEED VERY UNIQUE.

THE FLORIDA GUARDIANSHIP LAWS ARE SOME OF THE HUMANE, RESPECTFUL, WELL RESEARCHED AND OBVIOUSLY CAREFULLY CRAFTED, WHICH IN TURN PROVIDES LAWYERS WHO PRACTICE IN THAT FIELD A CERTAIN DEGREE OF LEGAL SATISFACTION WHEN REPRESENTING THEIR CLIENTS.

MANY LEGAL PROFESSIONALS DO AGREE THAT THE LEGAL PRACTICE OF GUARDIANSHIP NOT ONLY BRINGS ATTORNEYS AND THEIR CLIENTS CLOSER, BUT THE GENERAL BUT UNOFFICIAL OPINION IN THE LEGAL PROFESSION IS THAT THE PRACTICE OF GUARDIANSHIP “BENDS A LAWYER’S EGO OR COMPLETELY DESTROYS THEIR PRIOR ARROGANCE AND/OR SENSE OF POWER WHICH OFTEN COMES WITH THE LICENSE TO PRACTICE LAW.

THERE IS A FORCED GRACE AND WISDOM WHEN A LAWYER WHO REPRESENTS A CLIENT DEEMED INCAPACITATED, AS THAT LAWYER OFTEN SEES HIMSELF OR HERSELF IN THE CLIENT, THAT IS ONLY IF THAT LAWYER LIVES LONG ENOUGH TO REACH INCAPACITY.

THERE IS NO DOUBT ANY MORE IN THE FACT THAT THE PRACTICE OF LAW CARRIES THE HIGHEST LEVEL OF STRESS, EMOTIONAL, PHYSICAL AND THEN SOME. A CLOSE COLLEAGUE, MUCH LIKE YOURS TRULY HAS BEEN A SOLO PRACTITIONER FOR OVER TWENTY YEARS CALLED ME LAMENTING ABOUT THE UNFAIRNESS WHICH ACCOMPANIES THE PRIVILEGE.  

EVERY SINGLE LAWYER KNOWS THAT BEING A MEMBER OF THE PROFESSION AUTOMATICALLY EARNS ONE A THOUSAND AND ONE NAMES, NONE OF THEM MEANT AS A COMPLIMENT. LAWYERS HAVE ABANDONED THE PROFESSION MOSTLY DUE TO THE UNNECESSARY DEGREE OF PRESSURE AND HAVE RESIGNED THEMSELVES TO GO UNDERGROUND LOOKING FORWARD TO BEING QUICKLY FORGOTTEN.

GUARDIANSHIP FOR THE MAJORITY OF LAWYERS WHO REGULARLY REPRESENT INCAPACITATED CLIENTS DO LOOK, WALK, TALK AND SOUND DIFFERENT. THEY WALK SLOWER, LISTEN MORE CAREFULLY AND TEND TO TAKE MORE TIME BEFORE MAKING DECISIONS MUCH LESS ADVISE OR ISSUE FINAL OPINIONS ON BEHALF OF THEIR CLIENTS. 

GREATER CONSIDERATION SHOULD BE GIVEN TO WHAT GUARDIANSHIP CLIENTS DO FOR THEIR LAWYERS THAT THE OTHER WAY AROUND.

FOR MORE INFORMATION ON THIS TOPIC, FEEL FREE TO CONTACT MS. DANIE VICTOR-LAGUERRE, ESQUIRE, OF THE VICTOR LAW CENTER, P.A., 3601 EAST OCEAN BOULEVARD, SUITE NUMBER 003, STUART, FLORIDA 34996. OFFICE TELEPHONE: (772) 283-2868

http://WWW.AGGRESSIVEFEMALELAWYER.COM

MS. VICTOR-LAGUERRE, ESQUIRE DOES PROVIDE 24/7 FREE, IMMEDIATE TELEPHONE CONSULTATIONS ON ALL FLORIDA CASES. FOR A FREE PHONE CONSULTATION, CALL HER AT (772) 834-5000

AS ALWAYS, YOUR COMMENTS MEAN A GREAT DEAL TO THE FLORIDA LEGISLATURE, AS THE LAWS THEY ENACT ARE FOR THE BENEFIT AND WELFARE OF THE RESIDENTS OF OUR STATE.

VOICE YOUR OPINIONS. LEAVE ALL COMMENTS AND/OR SUGGESTIONS. I CONTINUE TO ENJOY ALL YOUR COMMENTS, EMAILS AND TELEPHONE CONSULTATIONS.

Email: vlawcenter@gmail.com

UNTIL TOMORROW

THANKS.

DANIE