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Florida couple's custody battle for parents continues

When organizing their affairs, many Florida residents have found it beneficial to designate a guardian should they need additional assistance or care later on in life. People are urged to choose a guardian only after careful consideration and thought, as it may have a significant effect on their future lives. It is also important to have your wishes legally documented, as the courts may sanction an order that goes contrary to your initial wishes. At that time, people may be unable to make decisions on their own.

In one such Florida case, a woman noticed that her parents were showing signs of neglect and insufficient care. This started an ongoing custody battle with her brother, who currently has custody of the elderly parents. The daughter has not been able to see her parents since reporting the acts of neglect, as her brother is now keeping them away from her.

Years ago, the parents had created documents stating that their preferred guardian is the brother that is now being accused of abuse. The woman claiming that her father is being neglected referenced a time when her father was found at the neighbor’s house yelling for help. He has also had an incident of self-mutilation. Although the battle has lasted nearly 2-years, the court upholds its original custodial order.

Those who are interested in organizing their guardianship documents may want to involve an attorney who is experienced in estate planning. They can help to ensure that your wishes are enforced and will legally be carried out if needed.


Source: MySuncoast, “Sarasota couple battles to regain custody of their parents,” Feb. 13, 2014

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