Pankauski’s Guardianship Guide: How Your Family Will Fight over You & Your Money While You Are Still Alive

Get a behind the scenes look at adult guardianships… What are the pros and cons, risks, and rewards to consider when someone in your family files for guardianship? Pankauski’s Guardianship Guide provides a first-hand view of the stark reality of what it means when one of your family members claims that you are incapacitated, incompetent, or unable to manage your affairs. In those circumstances, you may find yourself in a guardianship court, represented or opposed by someone like guardianship litigation lawyer John Pankauski. Spouses, adult children and loved ones: learn what goes on behind the scenes at guardianship courts when family members fight to control mom or dad and their money. This book explains guardianships in an easy- to-understand, direct and straightforward approach. – How the guardianship court is one of the new battlegrounds of the “fight for your wealth” – Sisters fighting with brothers, brothers fighting with in-laws, second and third spouses fighting with everybody over whether a senior family member can manage his or her own affairs or not – Who is going to control all that money and property – The unique role of a power of attorney, or trustee, of someone’s living trust and why they get special attention in the guardianship court – The secrets behind how a guardianship may not be needed, even if someone is incapacitated and incompetent John Pankauski is the managing member of Pankauski Hauser PLLC (www.phflorida.com), a boutique litigation and appellate law firm in West Palm Beach, Florida. The firm handles guardianship, probate, and business trials and appeals throughout Florida. Now, after years of representing clients in Florida guardianship courts, Pankauski takes you through the battle grounds and minefields of guardianships. Read More

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RULES OF PROFESSIONAL CONDUCT Chapter 1 Lawyer-Client Relationship Rules 1.1 – 1.18

Rule 1.1 Competence (a) A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence. (b) For purposes of this rule, “competence” in any legal service shall mean to apply the (i) learning and skill, and (ii) mental, emotional, and physical ability reasonably* necessary for the performance of such service. (c) If a lawyer does not have sufficient learning and skill when the legal services are undertaken, the lawyer nonetheless may provide competent representation by (i) associating with or, where appropriate, professionally consulting another lawyer whom the lawyer reasonably believes* to be competent, (ii) acquiring sufficient learning and skill before performance is required, or (iii) referring the matter to another lawyer whom the lawyer reasonably believes* to be competent. (d) In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required if referral to, or association or consultation with, another lawyer would be impractical. Assistance in an emergency must be limited to that reasonably* necessary in the circumstances. Comment [1] This rule addresses only a lawyer’s responsibility for his or her own professional competence. See rules 5.1 and 5.3 with respect to a lawyer’s disciplinary responsibility for supervising subordinate lawyers and nonlawyers. [2] See rule 1.3 with respect to a lawyer’s duty to act with reasonable* diligence. Rule 1.2 Scope of Representation and Allocation of Authority (a) Subject to rule 1.2.1, a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by rule 1.4, shall reasonably* consult with the client as to the means by which they are to be pursued. Subject to Business and Professions Code section 6068, subdivision (e)(1) and rule 1.6,… Read More

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