See the below case Moen v. Bradenton Council On Aging — This case found that a Health Care Proxy cannot waive a jury trial and subject the patient’s claims to Arbitration — further weakening the ability of facilities to make families arbitrate medical or nursing home neglect claims and/or other damage cases. Would have been a different issue if the patient, who had since deceased, had prepared a Durable Power of Attorney prior to incapacity.
Please get your Advanced Directives done in a timely, correct fashion.
Click this link to read the court opinion:
My office is located in Pinellas Park, Florida in the center of Pinellas County which is in the 6th Judicial Circuit in the Tampa Bay Area.
Pinellas County is broken up into two Probate Sections: Clearwater being in the North and St. Petersburg being in the South.
North County Probate Court, is located at The Clearwater Courthouse at 315 Court Street, Clearwater, Florida 33756. The North County Probate Judge has Chambers in that Courthouse and handles all probate and trust matters as well as guardianship matters that are filed in the Clearwater Courthouse.
South County Probate Court, is located at The St. Petersburg Judicial Building is located at 545 1st Avenue North, St. Petersburg, Florida 33701. The South County Probate Judge presides is St. Petersburg with the same type of jurisdiction as the North County Probate Judge.
Many of the Guardianship Hearings are handled at The 501 Building at 501 1st Avenue North in St. Petersburg, FL 33701, no matter whether they are North County or South County cases. The Probate Judges have the ability to assign certain evidentiary proceedings and administrative matters to the Probate General Magistrates, all of whom are located in St. Petersburg at the 501 Building which is immediately adjacent to the Judicial Building. All guardianships in Pinellas County, at least begin in front of the General Magistrates, but are sometimes removed from the Magistrates at the request of a Party to be heard directly by the Probate Judge.
Most of my cases are heard within the South County Probate Court although I often times appear in the North County Probate Court, depending on the nature of the matter and the location of the case.
I have been appearing in both of these Court Houses since 1983 and on a high-volume basis for Probate and Guardianship matters since 1995.
Many families – not just the rich and famous – have internal struggles after the death of a family member – not always from second and third marriages as is the case here with the Robin Williams estate.
Read the full story here http://www.theguardian.com/film/2015/feb/03/widow-of-robin-williams-in-fight-with-his-children-over-estate