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

January/February 2019 J. Eric Virgil and Stacy B. Rubel 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

January/February 2019 Larry E. Ciesla and Jack M. Ross Elder Law
Estate planning attorneys should be acutely aware of the presumption of undue influence that arises in a will contest1 after…

Be Alert for Financial Exploitation of the Elderly

November 2017 Guy M. Burns, Scott C. Ilgenfritz, and Jonathan S. Coleman Elder Law
Since the end of World War II, the greatest accumulation of wealth in the history of the world has been…

Pursuit of Ch. 415 Neglect or Abuse of a Vulnerable Adult Claims Against Hospitals in Florida

March, 2015 Elder Law
Florida law provides statutory causes of action for medical malpractice (F.S. Ch. 766) and neglect of a vulnerable person (Ch.…

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

July/August, 2014 Elder Law
T here are remedies available to the person with diminished capacity who has been financially exploited. The problem is to…

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

June, 2014 Elder Law
A ccording to the Alzheimer’s Association, there are approximately five million Americans who have some type of dementia. Close to…

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

November, 2010 Elder Law
P assage of §111 of the Medicare, Medicaid, and SCHIP Extension Act (MMSEA)1 i n 2007 and its original reporting…

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

July/August, 2010 Elder Law
I n Florida, there is constitutional exempt property and statutory exempt property under the Florida Probate Code. Both exemptions provide…

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

June, 2009 Elder Law
I n probate litigation, parties might contest the validity of a will or trust by arguing that the decedent was…

Claims of Exploitation of the Elderly in the Sale of Financial Products

October, 2006 Elder Law
A new wave of litigation sweeping across our nation involves the sale of financial products, particularly annuities,1 that are sold…
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