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NEW Palm Beach Probate & Guardianship Administrative Order (November 25, 2014)

Uncategorized Nov 25, 2014
post about NEW Palm Beach Probate & Guardianship Administrative Order (November 25, 2014)

If you are involved in a Probate or Guardianship matter in Palm Beach County, Florida, you will want to know about abrand new (November, 2014) administrative order that was just issued.  If you are a probate litigator Palm Beach or a party to a guardianship proceeding, you should consider reading this new Probate Court administrative order.  The new probate & guardianship order deals with emergency situations.

Administrative Orders in Palm Beach Probate

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    There is a New Administrative Order No. 6.104-11/14

  • Here is the link to read the new Administrative Order regarding Palm Beach CountyEmergency Hearings in Probate & Guardianship: http://15thcircuit.co.palm-beach.fl.us/documents/10179/15136/6.104.pdf
  • While probate courts Palm Beach issue judgments after trials and issue orders inestates, trusts and guardianship matters, the administrative law judge of Palm Beach County also issues administrative orders
  • Ask any probate litigator Palm Beach Gardens and they will tell you that you must not only know the law, but you have to follow the local probate rules
  • Think of administrative orders as guide posts or procedural rules or guidance for howprobate litigation Palm Beach should be conducted
  • Guardianship lawyers, particularly those who litigate, are required to follow these orders

Emergency in Palm Beach Probate & Guardianship: Palm Beach Probate’s New Administrative ORder No. 6.104-11/14

  • As many of you know, any guardian lawyer Boynton Beach could file an “emergency” petition for appointment of temporary guardian or similar incapacity petition
  • The probate courts in Delray Beach have routinely entered orders on every “emergency guardianship” —-taking away an alleged incapacitated person’s human rights and civil liberties.
  • This new probate administrative order appears to be clamping down on what some may view as an abuse of the guardianship process  — are guardian lawyers in West Palm Beach claiming that there are an awful lot of emergencies when a true emergency does not really exist?  Are guardianship courts issuing too many ex parte emergency orders creating emergency temporary guardianships and appointing temporaryguardians?
  • Being a good guardianship litigation law firm Palm Beach means understanding when an emergency really exists and when one does not
  • You don’t get to ask for an emergency hearing just because your client is anxious or things are urgent or pressing
  • Any “emergency” motion will be denied unless you fall in to one of 4 exceptions.