Sometimes family members disagree who should manage the affairs of an incapacitated relative. Sometimes a person is threatened by a family member as being incapacitated when he or she is not, or at least believes such is the case. Situations like this make for a contested guardianship because a court has to resolve: (1) whether the individual is incapacitated and, (2) if so, to what extent, and (3) who should be appointed as guardian to manage that person’s affairs. Such disputes require hearings, a trial, and ultimately a resolution by the court. Contested guardianships can also involve other matters such as the removal of a guardian or other action to challenge the conduct of a guardian.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information on this website has been prepared by Owens Law Group, P.A., for general information purposes and does not constitute legal advice. The information on this website is not privileged and does not in any way create an attorney-client relationship with Owens Law Group, P.A., or any of our attorneys. This website is not an offer to represent you. You should not act, or refrain from acting, based on any information found on this site.
Justin J. Klatsky joined Owens Law Group, P.A. in September, 2009. He focuses his practice on the fields of estate and wealth preservation planning, general business and corporate law, and taxation.
Business Disputes
Scott engages in litigation topics which include, but are not limited to, contract disputes, securities fraud, Interstate Land Sales Full Disclosure Act violations, restrictive covenant enforcement, foreclosure defense/prosecution, common law fraud, breach of fiduciary duty, misrepresentation, Florida's Unfair and Deceptive Trade Practices Act, shareholder derivation actions, civil theft, and consumer protection.
Before joining Owens Law Group, P.A. Scott was a solo practitioner for five years with offices in Tampa, Sun City Center, Riverview and Wesley Chapel. Scott has lectured on real estate, mortgage, securities, and corporate topics, and focuses his practice in these areas. Scott is a member of the Attorney's Title Insurance Fund, and has conducted thousands of residential and commercial real estate transactions throughout Florida. Scott also serves as general counsel for various non-profit organizations.
Mr. Owens retired at the completion of twenty-five years of service in December, 1987, and returned to Florida to enter private practice. He practices out of the Sun City Center office of Owens Law Group, P.A. where he currently is meeting the business, corporate, and tax needs of clients. He has written two books for use with the lectures he conducts; "Effective Estate Planning and Administration in Florida", published by the Cambridge Institute of Vienna, Virginia and "Resolving Controversies with the IRS". He lectures extensively on tax and estate planning subjects.
Wills
A document which governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time, and when such person is no longer able to make decisions regarding his or her medical treatment. Living wills are permitted by statute in Florida.
Trusts
A legal entity created by a grantor for the benefit of designated beneficiaries under the laws of the state and the valid trust instrument. It is a fiduciary relationship in which a person (called the trustee) is the holder of legal title to specific property, subject to an equitable obligation to keep, manage, safeguard, invest and administer the property for the benefit of another who holds equitable title to the property (called the designated beneficiaries) In Florida, a trust may be created for any purpose which is not illegal and which is not against public policy. There are many different types of trusts, but the two most frequently used trusts are: (1) private express trusts, which have one or more ascertainable persons as beneficiaries; and (2) charitable trusts, which are for a purpose that is classified as charitable (e.g. the advancement of religion, science, and education, and the promotion of health) and cannot be for the benefit of identifiable individuals. For federal tax purposes, the charity must be classified as a charitable organization under the IRC §501(c)(3) to receive tax exempt treatment.
Power of Attorney
Exists when a person executes a power of attorney which will become or remain effective in the event he or she should later become disabled or incapacitated. Uniform Probate Code §5-501. A Power of Attorney is an instrument in writing whereby one person, as principal, appoints another as his or her agent and confers authority to perform certain specified acts or kinds of acts on behalf of the principal with the same powers and to the same effect as the principal might do if personally present.