Settling Cases for Developmentally Disabled Adult Clients

Florida Probate Law Group

Individuals lacking the capacity to execute legal documents cannot sign releases settling claims against tortfeasors. Sometimes, families of developmentally disabled adults will execute Powers of Attorney to facilitate day to day transactions made on behalf of their disabled relative. Unfortunately, those Powers of Attorney are not legally valid, as the disabled principal lacks the requisite competency to execute the document. Therefore, you should not rely on Powers of Attorney in settling cases for adults with developmental disabilities.

Instead, the disabled individual’s family must secure legal guardianship before executing a release on behalf of their disabled family member. This process has the tangential benefit of providing actual legal authority for the family to make financial, residential, and medical decisions on behalf of the ward. Once guardianship is secured, the guardian should re-sign your fee agreement in their official capacity, and may then execute a settlement release.

Our firm has experience working with families to make the guardianship process painless and efficient. Call (352) 354-2654 or email cdavid@circuit8law.com anytime regarding guardianship or probate issues affecting settlements in the state of Florida.

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Client Reviews

I was very happy with her response to my questions and concerns about Florida probate. I am in Ohio and was not familiar with the process but they cleared everything up for me and made me feel comfortable going through the probate process with my loved ones will.

Roger

Honest and straight forward assessment of complex case. My case span both federal and state issues, as well as civil case of fraud which maybe criminal fraud. He told me what he could do, what his limits of scope were and what my best/safest position should be and gave me an outline of how to get...

S. Todd

The world of probate can be fairly daunting for one who has little to no experience. Between trying to figure out what to file and when to file, there is also the where. I was quite relieved to have Nadine and Cary to guide me through the court process.

Michael O.

I highly recommend using this law group for your Florida probate needs, and in particular, Charles David. He explained clearly what my 91 year old aunt would need to do in order to sell property that was in hers and her late husband's name.

Patti T.

Florida probate law group,was very helpful in answering the many questions that I had concerning my situation their input was very appreciated thank you.

Shirley M.
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