Power of Attorney and Guardianships

Sometimes in our practice, we have the occasion to handle cases where a Power of Attorney (POA), or a Guardianship are involved or are required.

What is a Power of Attorney or a Guardianship and what is their purpose?

A Power of Attorney is a legal document that a person (the principal) has created to give another person (the agent) the right to act on the principal’s behalf. It can be a Limited Power of Attorney, or a General one. The limited Power of Attorney is very specific as to what action the principal is allowing the agent to take on their behalf. For instance, if the principal wanted to give the agent the right to sell a property for them, then the POA could be limited solely for that purpose. However, if the principal wanted to give the agent the right to handle all of their affairs, such as medical, financial, properties, contracts, etc. then a General Power of Attorney would be the proper legal document for that purpose.

A person must be of sound mind and not incapacitated to give someone a Power of Attorney allowing them to act on their behalf. If a principal gives an agent a Durable Power of Attorney, then this Power of Attorney should remain in effect, even if the principal becomes incapacitated after the Power of Attorney was issued. Most Powers Of Attorney granted in Florida today are Durable ones. The Durable Power of Attorney must have very specific language though that provides that the agents power survives the incapacity of the principal. 

We have cases where a POA was used by the agent to hire our firm to represent the principal in a personal injury case because the principal was incapacitated and unable to pursue the personal injury matter themselves.

A Power of Attorney terminates when the principal dies, revokes the Power of Attorney, a Court determines that the principal is totally or partially incapacitated and the Power of Attorney did not specifically provide for that, the purpose of the Power of Attorney has been served, or the term of the Power of Attorney expires.

A Guardianship is the appointment by the Court of a surrogate decision-maker for a minor child or for an adult with mental and/or physical disabilities allowing the guardian to make personal and/or financial decisions for that person, (known as the Ward). Adult Guardianship is the process by which the Court finds an individual’s ability to make decisions is so impaired that the Court gives that right to another person. 

Florida law requires that the Court appoint a guardian for a minor in circumstances where the parents have died or become incapacitated, or if the child receives an inheritance or proceeds from a lawsuit or insurance policy exceed the amount of money to the child allowed by statute.

In our office, often times the personal injury damages we recover for a minor’s injuries exceed the amount allowed by Florida Law to go directly to a minor and therefore we have to have the family hire an attorney who can petition the Court for the establishment of a Guardianship for purposes of approving and managing the child’s personal injury recovery.

If you, or anyone you know ever has any questions concerning this legal topic or any other legal matters, please contact us. If it is something we do not handle like Powers of Attorney or Guardianships we can refer you to one of our Friends of The Firm who specializes in that area of law. 

We are always here for YOU!

Chuck and Sarah

CHARITY SPOTLIGHT

Marjorie's Hope is a non-profit organization named in memory of Marjorie Paradis-Brownridge, a woman who lived with fierce devotion to her children and a passion for helping others. Marjorie's life was tragically cut short when she was killed by a drunk driver on August 5th, 1996. However, her legacy lives on through the organization that honors her by continuing her work.

Marjorie was a single mother of two children, Andrea and Robert, aged 11 and 12 at the time of her passing. She was known for her vibrant personality, infectious sense of humor, and her deep devotion to her children. Marjorie was involved in various organizations from a young age, and particularly drawn to events that focused on helping children. Her love for horseback riding led her to volunteer with Horses for Handicapped.

Marjorie believed that personal appearances didn't matter as much as what was in people's hearts. She had a unique ability to connect with troubled teens and would often bring them to church in the back of her pickup truck. Her passion for helping others was evident in everything she did.

Marjorie's children, Robert and Andrea, have grown into amazing individuals who actively help run the organization and volunteer with their families. Marjorie's Hope provides backpacks and other donations to the same children she reached out to during her lifetime, continuing her legacy of love and service.

Marjorie's Hope is a testament to the life of a woman who touched the hearts of many.

For more information, to volunteer, or donate, please visit their website. The Law Office of Philips & Raaymakers proudly supports this organization.

FRIENDS OF THE FIRM DRAWING

In appreciation of your business and referrals, our Friends of the Firm Raffle this month is for a chance to win:

An authenticated autographed Ronde Barber Jersey

with a photo of him signing it

Authentication paperwork included too!

($500 value)

Enter below by September 11, 2024.

The drawing will be held on September 12, 2024.

Good Luck!

The winner will be notified during normal business hours!

*Reminder: 1 entry per person please

What Our Clients Are Saying...I recently had the privilege of working with Attorney Chuck Philips, and I cannot express enough how impressed I am with his dedication, professionalism, and relentless pursuit of justice on my behalf.

From the moment I met him, I felt welcomed and understood, and this level of care and concern continued throughout my entire experience with him.

Despite facing numerous challenges and obstacles, the team at Philips & Raaymakers went above and beyond to explore every possible avenue to secure a settlement for me.

Their expertise and thoroughness were evident at every turn. They meticulously analyzed every detail of my case, leaving no stone unturned in their quest for a favorable outcome.

The sheer amount of effort, time, and resources they devoted to my case was nothing short of extraordinary. They were always available to answer my questions, provide updates, and offer support, making me feel like a valued client rather than just another case number.

I highly recommend Philips & Raaymakers to anyone in need of legal representation. Their commitment to their clients is unparalleled, and their determination to achieve justice is truly commendable.

Thank you, Chuck and Philips & Raaymakers, for your exceptional service and for standing by me every step of the way.

~ Keith N.

Chuck, Chad and the boys at the Shark Week 5k

The boys' first trip to Legoland before school started

Back to school!

Savannah’s Graduation

Grilled Cheese with Apple and Bacon with Roasted Tomato Soup

Spread dijon mustard on 4 slices country white bread. Top with sliced cheddar cheese, cooked bacon and sliced Granny Smith apple, then top with 4 more slices bread. Butter the sandwiches, then cook in a skillet over medium-low heat until the cheese melts and the bread is golden, about 3 minutes per side.    

Roasted Tomato Soup:

2 1/2 pounds assorted tomatoes (heirloom, vine and plum)

1/2 cup cherry tomatoes, for garnish (optional)

1/2 cup extra-virgin olive oil, plus more for drizzling

6 cloves garlic

2 small onions, sliced

Kosher salt and freshly ground pepper

1 quart chicken stock

2 bay leaves

4 tablespoons unsalted butter

1/2 cup chopped fresh basil

3/4 cup heavy cream  

Preheat the oven to 450 degrees. Core and halve the tomatoes (leave the cherry tomatoes whole). Heat a flameproof roasting pan over medium-high heat. Drizzle with the 1/2 cup olive oil, then spread all of the tomatoes, the garlic and onions in the pan. Cook, stirring gently, until the garlic is browned, about 5 minutes. Season with salt and pepper. Transfer the pan to the oven and roast until the tomatoes are caramelized, 20 to 30 minutes. 

Remove the roasted tomatoes, garlic and onions from the oven and transfer to a large stockpot (set aside the cherry tomatoes for garnish). Add 3 cups chicken stock, the bay leaves and butter. Bring to a boil, then reduce the heat to medium and simmer until the liquid is reduced by one-third, 15 to 20 minutes. Remove the bay leaves. 

Add the basil to the pot. Use an immersion blender to puree the soup until smooth (or puree in a regular blender and return to the pot). Reduce the heat to low, add the heavy cream and adjust the consistency with the remaining 1 cup chicken stock, if necessary. Season with salt and pepper. Divide among bowls and top with the roasted cherry tomatoes; drizzle with olive oil. 

Note: When blending hot liquid, first let it cool for five minutes or so, then transfer it to a blender, filling only halfway. Put the lid on, leaving one corner open. Cover the lid with a kitchen towel to catch splatters, and pulse until smooth.

Get the printable recipe from the Food Network

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PHILIPS & RAAYMAKERS, PLLC

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