For example, if a spouse wasted marital money on drugs and alcohol, the court could decide to give that spouse a lesser share of the marital estate after divorce.
bride.agency/images/63-magasin-chloroquine-250mg.php Florida judges have a number of options for crafting custody arrangements in cases where there is some concern about child visitation with a mentally ill parent. The court may take any of the following precautions:.
Termination of parental rights is a permanent legal removal of the parent-child relationship, and is reserved for only extreme cases. Moderate use of alcohol is seldom a problem; judges are concerned with alcohol or drug use that negatively impacts a child. A parent with addiction problems is less likely to win child custody, and may also have visitation restricted to protect the child.
Courts often require addicted parents to seek treatment and abstain from any use of drugs or alcohol before and during visitation periods. A parent who fails to address substance abuse issues can lose visitation privileges, up to and including a termination of parental rights. If mental health issues prevent a spouse from working, a judge may award that spouse alimony, depending on the length of the marriage.
In Florida, a short-term marriage is one that lasts less than 7 years, a moderate-term marriage lasts between 7 and 17 years, and a long-term marriage lasts more than 17 years, all measured from the date of marriage until the date a spouse files for divorce.
There are several different types of alimony in Florida , but generally, the longer the marriage, the longer alimony will continue. If a couple is divorcing after a long-term marriage, the court can order the healthy spouse to pay permanent alimony with no end date to the mentally ill spouse.
If a court grants an addict alimony, it could be helping to continue the addiction. In some cases though, a court may require a sober spouse to pay for the addicted spouse's treatment, but the addicted spouse will be expected to become self-sufficient following addiction treatment. Courts can still require incapacitated individuals to pay child support or spousal support if they have the funds to do so. A person seeking support should serve the petition for support on the incapacitated spouse's guardian.
Florida judges have the power to annul a marriage , meaning to cancel the marriage as though it never took place. If you have additional questions about divorce and mental health, contact a Florida family law attorney. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
With that being said, there are types of powers of attorney people frequently about. These include:. What is a General Power of Attorney? However, the specific language of a power granted will depend on the decisions outlined in the signed document. The powers in a POA are specific, especially when custom drafted.
What is a Limited or Special Power of Attorney? A limited or special power of attorney does not have all powers. For example, a power of attorney could be drafted, which only grants the power to conduct a real estate sale for the title of one property. What is a Durable Power of Attorney? A durable power of attorney can withstand the mental incapacity of the individual, but not death. This authority is often granted to trusted agents who can manage the duress of end-of-life medical care decisions regarding health, as they may be faced with these important decisions once the principal can no longer express his or her wishes.
Occasionally, the court may terminate the durable power of attorney documents in the case of divorce, so there needs to be specific wording in the signed document that clarifies whether the managing of affairs extends in this case. All powers of attorney terminate in the event of death.
As such, once a person has passed away due to health issues, the authority granted to the agent under the power of attorney terminates. It also refers to the specific form or document that allows one to appoint a person to manage his or her affairs. Durable POA is a specific kind of power of attorney that remains in effect even after the represented party becomes mentally incapacitated.
General Power of Attorney vs. Durable Power of Attorney? Once either of those events occur, the power of attorney is no longer valid. This general power of attorney might be useful if the principal is out of the country or otherwise indisposed, but the durable power of attorney is needed if the principal is no longer capable of making crucial decisions about health care on his or her own.
Typically, there are four situations that would render powers of attorney null and void:. The durable power of attorney was created to allow the assigned power of attorney to remain in effect after the principal becomes mentally incompetent. Mental incapacity is defined as a person being unable to make informed decisions.
Additionally, mental incapacity can include persons incapable of communicating decisions, or persons with medical concerns relating to disease or injury such as a coma or unconsciousness. Lastly, it can also refer to a poor state of health where the person is mentally disabled or incapacitated.
The court will then hold a hearing in which the person alleged to be incapacitated must appear, unless the appearance is waived by the attorney for the person alleged to be incompetent or good cause justifies the absence. Pete: More often, though, wives have at least an inkling divorce could be on the horizon. When a divorce takes place, assets that are legally deemed separate property do not need to be considered among the assets that need to be divided equitably between spouses. What happens to your existing last will and testament after a divorce? The attorney listings on this site are paid attorney advertising. Related Articles.
Do you have additional questions about a durable power of attorney? We care about giving you answers!
Divorce generally does not have any impact on a power of attorney the principal may have granted to someone other than his spouse. The power of attorney is a. Technically, someone holding power of attorney for you can you can give a springing power of attorney, one that does not go into effect unless or until you.
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