Florida Guardianship Laws -A Strong Dose of Reality!

How is suppossed to work!

Least Restrictive Alternative Requirement F.S.§744.331(6)(b)

One of the major substantive changes to Florida Guardianship Law which was brought about by the October 1989 legislative revisions, was the requirement that there be no least restrictive available alternative to guardianship, before the court could appoint a guardian.The obvious advantage was to allow the court to consider factors other than whether or not the alleged incapacitated person was incapacitated, in determining whether or not to appoint a guardian.

Prior to the 1989 revisions, once a judge determined a person to be incompetent, the only remaining decision was who to appoint as guardian of the person and/or property.Since the 1989 legislative revisions, the court must take testimony and other evidence as to whether any least restrictive alternatives to guardianship exist, and if so, whether they are, or will, adequately meet the ward's needs.

If the court finds that there is a least restrictive alternative to guardianship which will sufficiently address some of the alleged incapacitated person's problems, the court cannot delegate rights to a guardian for the areas covered by the least restrictive alternative.

Proper planning by attorneys and guardians requires the recommendation of any least restrictive alternative to clients who need assistance. Before making such a recommendation, however, it must be determined that said alternative is appropriate under the circumstances and in the client's best interests.

How It Really Works!

If you are daughter or anyone acting in behalf, defense of the targeted ward; have a DPOA(Durable Power of Attorney); are legitimately entitled to information, etc.;__ YOU ARE AN OBSTACLE TO THE STRATAGEM. You will be demonized; accused of the exploitation the predators are perpetrating or the criminal actions of those who victimized you. Accusations of mental illness(ordered to get psychological testing from predator's associate_ fairly common tactic); drug addiction, etc.; no proof is necessary. Maybe the (covered)criminal will testify against you. You are not charged with anything; therefore you have no right to face your accuser and get evidence in your defense. Accusations are made off the court record, in the court hallway.

Elders are 'expected' to get ill and die, hence; this stratagem has been practiced on them for years. Death_ Terri style is without a court order; no public exposure; disabled now publicly initiated.

Felony crimes committed against you are suppressed, covered up, authorities will not prosecute the crimes against you because the predators are likely to use alleged criminal against you as witness(es), etc. The acknowledgment of crime might be obstacle to gaining guardianship over the targeted ward, which is the lock down of the "takings". Any and all 'obstacles' are removed with no regard for laws, crimes, human rights, abuse and exploitation. Obstruction of justice is a predator specialty. No law enforcement, remedy, recovery from the crimes committed against you_ allowed.

The ward's mail, finances, health care or lack, complete existence is taken over by the emergency temporary guardian/permanent guardian. Her family advocate, will be allowed no information at all. Family advocate becomes non-existent. The ward has no family, for all practical purposes. If family makes a complaint about the facility; they are not allowed to know the results, etc.; all information goes to the guardian.

Family has rights_ on paper; in reality, must know them; your attorney probably won't tell you. When you exercise them, you will be considered angry, aggressive or something equally negative. Sometimes you are punished and can never see your beloved 'ward' again.

This "war" goes on for years if you persist toward remedy. Your health is negatively effected from the constant stress and you have difficulty functioning as well as you did before HELL, which compounds the stress. Depression, anxiety, ulcers, cancer, or other chronic illnesses affect the ward and family.

Your financial losses are not recovered and you can easily become totally broke. A great deal of time is required for "pro se" litigation. Your family relations are difficult or shredded, due to abuse, loss, despair, extreme disillusionment, etc. This recipe is from my experience and many others; life changing .

The ward( your mother, daughter, family member) is held hostage while you spend most of your time and resources attempting to free her/him.

If you cannot free the ward, when she/he is no longer a profit producer(about the time limited medical treatment produces diminished health/illness) she/he will have a "duty to die". First, no food or water, when organs start to fail, some morphine, which hastens death by reducing respiration. "The above stratagem without truthful media exposure is silencing of the lambs".