Healthcare providers seeking to enforce liens in federal court have even been forced to pay attorney’s fees after having their actions dismissed.
Because minor settlements netting more than $15,000.00 to the minor already require a guardian of the property (a different role than a GAL) to be appointed, the exception contained in section 744.3025(1)(e) is applicable more often than not.
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.
Probate firms with practices comprised of mostly non-settlement related cases may not have the requisite knowledge of Florida’s statutory settlement schemes and related case law to (1) protect settlements from creditors, (2) ensure efficient settlement approval, and (3) protect the interests of the injury firm securing the settlement.
Florida Probate Law Group has facilitated millions of dollars in wrongful death and child injury settlements. Why do injury attorneys turn to us to handle these important issues?
By keeping important dates calendared and filing required paperwork on time, attorneys can keep their guardianship cases running smoothly.
Restricted depository accounts can only be accessed by court order. However, if a restricted depository account is not set up correctly, the child’s guardian may be able to access and misuse funds.
It is crucial to understand the intricacies of minor settlement approval to get paid faster (your firm and your client) and avoid having an executed release later rendered ineffective.
Success, in so much of the work we do as attorneys, rests on how prepared we are. Handling a personal injury case involving probate and guardianship is no different.