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When a guardian must be removed

As people age and retire from the workforce, they often move to sunny Florida with a plan to enjoy their remaining years. At times, some people may need a guardian to oversee their well-being. This is often the case if they become less able to mentally or physically negotiate finances and other concerns.

According to University of Miami School of Law, the complicated income tax system, laws involving property, as well as the intricate wealth transfer tax have contributed to an upcoming unprecedented explosion in wealth transfer from generation to generation. The baby boomer age group makes up much of the elderly who have amassed and saved substantial assets in their lifetime.

According to the Miami Herald, with the accumulated wealth among Florida's more mature population, many in that group require oversight to prevent unintentional waste and avoid predators preying upon them. The industry of guardianships has increased in size significantly, and with that growth, the propensity for abuses by unscrupulous individuals. There are professional guardians who accept the role of guardian when there is no trusted family member or friend to act in that role.

The court holding jurisdiction over the well-being of the senior assigns the role of guardian. The list of requirements to act as guardian is slim. Many are not attorneys and lack the mandates and consequences put upon attorneys with regard to ethics. Sometimes, the professional guardian fails to act professionally and ethically.

Other times, when available, a family member becomes guardian. At times, particularly in significant wealth situations, other family members may become concerned that the guardian is taking advantage of the elderly loved one. If the guardian starts to isolate the older individual and disallows other members to visit, the worry may be greater and strife can grow. The court, upon proper court petition and after the establishment of abuse or neglect, can remove the guardian. Florida lawmakers have endeavored to simplify and speed up the process of removal where appropriate.

Family members seeking to protect their loved family member can choose to have an experienced law firm or other appropriate professional administer the complexities of the guardianship, which may help prevent intra-family disputes and better ensure the care of the loved one.

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