Astor Simovitch Law Blog
What rights does the respondent have in an emergency temporary guardianship (ETG) appointment?
October 07, 2018
The respondent has the right to contest the allegations that are made in the petition because the petitioner is seeking to take away certain rights of the respondent, like the right to make medical decisions or the right to control their finances. They have right to a hearing, which means there’s going to be a […]
What kind of lawyer can assist me in seeking help for child with substance abuse problems?
October 07, 2018
The kind of lawyer that can help a mom or dad who has a child who has addiction or mental illness is a lawyer that specializes in helping families that are in emotional crisis because of addiction or mental illness. At Drug and Alcohol Attorneys , we only do one thing: We help families that […]
What are the responsibilities of the guardian?
October 07, 2018
Being appointed a guardian is a fiduciary relationship. That means that the court has made a determination that you as the guardian are trustworthy. In other words, that you’re going to make decisions that are in the ward’s best interest. You’re not going to steal from them. You’re going to make medical decisions that are […]
What is an emergency temporary guardianship (ETG) appointment?
October 07, 2018
An emergency temporary guardianship or an ETG is a guardianship that is granted on a temporary basis. So what that means is a parent or a guardian is going into court asking the judge to give them the authority to make medical, financial decisions over somebody who’s over 18 years of age on a temporary […]
What are some legal avenues that I can take to help a child with substance abuse problems?
October 07, 2018
As drug and alcohol attorneys we specialize in helping young adults who have addiction and mental illness issues. Typically, we use two avenues when it comes to making that person go to treatment and keeping them into treatment. Number one is the Marchman Act, which is Florida’s involuntary commitment statute for addiction and co-occurring mental […]
How is an emergency temporary guardianship (ETG) appointment different than a determination of permanent guardianship?
October 07, 2018
The ETG, the Emergency Temporary Guardianship, is only granted on a temporary basis. Initially, it can be up for 90 days, and then it can be extended for a further 90 days. So you have a total of 180 days. What makes it different from the permanent guardianship is that, at the ETG hearing, there’s […]
How do I seek a permanent guardianship?
October 07, 2018
To seek a permanent guardianship requires two things. There’s going to be a petition to determine incapacity. In other words, the court is going to appoint three experts to determine is this person, is the respondent, the person on the other end of the petition, are they incapable of making rational decisions on their behalf. […]
How does an emergency temporary guardianship (ETG) appointment affect HIPPA rights?
October 07, 2018
HIPPA is our federal statute, which protects a medical records. Not everybody can look at our medical history. The guardianship statute provides for an exception to HIPPA. So when somebody has filed a petition for guardianship, the HIPPA statute or the exception to it is going to allow that person, in theory, if it’s granted, […]