The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Elder Law

Is My Judgment in Your Best Interest? How Decisions Are Made in Guardianships and a Suggested Reform

Elder Law
When Glenda Martinez and J. Alan Smith met in 2008 through a social media website, little did they know how...

Twelve Ways of Proving the Negative and Overcoming the Carpenter Presumption of Undue Influence

Elder Law
Estate planning attorneys should be acutely aware of the presumption of undue influence that arises in a will contest1 after...

Adoption of Daubert in the Amendment to F.S. §90.702 Tightens the Rules for Admissibility of Expert Witness Testimony

Elder Law
Nearly 20 years ago, the U.S. Supreme Court held that the admissibility of expert witness testimony under the long-standing standard...

Protecting the Elderly from Financial Exploitation: The Dilemma and Solution, Part II

Elder Law
There are remedies available to the person with diminished capacity who has been financially exploited. The problem is to convince...

Protecting the Elderly from Financial Exploitation: The Dilemma and Solution, Part I

Elder Law
According to the Alzheimer’s Association, there are approximately five million Americans who have some type of dementia. Close to 50...

Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms

Elder Law
The Bill of Rights is the touchstone for identification of constitutional guarantees because it enumerates the fundamental rights that are...

The Longstanding Concept of “Abandonment” of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution

Elder Law
In 1984, the voters of this state approved a change to the language in art. X, §4 of the Florida...

Medicare Myths: What Every Trial Lawyer Should Know About the MSP & Liability Medicare Set Asides

Elder Law
Passage of §111 of the Medicare, Medicaid, and SCHIP Extension Act (MMSEA)1 in 2007 and its original reporting deadline of...

Exempt Property Under the Florida Probate Code: 2009 Amendments to F.S. §732.402 and Statutory Exemptions

Elder Law
In Florida, there is constitutional exempt property and statutory exempt property under the Florida Probate Code. Both exemptions provide protection...

Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust

Elder Law
In probate litigation, parties might contest the validity of a will or trust by arguing that the decedent was unduly...