Sometimes in our practice, we have the occasion to handle cases where a Power of Attorney (POA), or a Guardianship are involved or are required.

What is a Power of Attorney or a Guardianship and what is their purpose?

A Power of Attorney is a legal document that a person (the principal) has created to give another person (the agent) the right to act on the principal’s behalf. It can be a Limited Power of Attorney, or a General one. The limited Power of Attorney is very specific as to what action the principal is allowing the agent to take on their behalf. For instance, if the principal wanted to give the agent the right to sell a property for them, then the POA could be limited solely for that purpose. However, if the principal wanted to give the agent the right to handle all of their affairs, such as medical, financial, properties, contracts, etc. then a General Power of Attorney would be the proper legal document for that purpose.

A person must be of sound mind and not incapacitated to give someone a Power of Attorney allowing them to act on their behalf. If a principal gives an agent a Durable Power of Attorney, then this Power of Attorney should remain in effect, even if the principal becomes incapacitated after the Power of Attorney was issued. Most Powers Of Attorney granted in Florida today are Durable ones. The Durable Power of Attorney must have very specific language though that provides that the agents power survives the incapacity of the principal.

We have cases where a POA was used by the agent to hire our firm to represent the principal in a personal injury case because the principal was incapacitated and unable to pursue the personal injury matter themselves.

A Power of Attorney terminates when the principal dies, revokes the Power of Attorney, a Court determines that the principal is totally or partially incapacitated and the Power of Attorney did not specifically provide for that, the purpose of the Power of Attorney has been served, or the term of the Power of Attorney expires.

A Guardianship is the appointment by the Court of a surrogate decision-maker for a minor child or for an adult with mental and/or physical disabilities allowing the guardian to make personal and/or financial decisions for that person, (known as the Ward). Adult Guardianship is the process by which the Court finds an individual’s ability to make decisions is so impaired that the Court gives that right to another person.

Florida law requires that the Court appoint a guardian for a minor in circumstances where the parents have died or become incapacitated, or if the child receives an inheritance or proceeds from a lawsuit or insurance policy exceed the amount of money to the child allowed by statute.

In our office, often times the personal injury damages we recover for a minor’s injuries exceed the amount allowed by Florida Law to go directly to a minor and therefore we have to have the family hire an attorney who can petition the Court for the establishment of a Guardianship for purposes of approving and managing the child’s personal injury recovery.

If you, or anyone you know ever has any questions concerning this legal topic or any other legal matters, please contact us. If it is something we do not handle like Powers of Attorney or Guardianships we can refer you to one of our Friends of The Firm who specializes in that area of law.

We are always here for YOU!

Chuck and Sarah

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Marjorie was a single mother of two children, Andrea and Robert, aged 11 and 12 at the time of her passing. She was known for her vibrant personality, infectious sense of humor, and her deep devotion to her children. Marjorie was involved in various organizations from a young age, and particularly drawn to events that focused on helping children. Her love for horseback riding led her to volunteer with Horses for Handicapped.

Marjorie believed that personal appearances didn’t matter as much as what was in people’s hearts. She had a unique ability to connect with troubled teens and would often bring them to church in the back of her pickup truck. Her passion for helping others was evident in everything she did.

Marjorie’s children, Robert and Andrea, have grown into amazing individuals who actively help run the organization and volunteer with their families. Marjorie’s Hope provides backpacks and other donations to the same children she reached out to during her lifetime, continuing her legacy of love and service.

Marjorie’s Hope is a testament to the life of a woman who touched the hearts of many.

For more information, to volunteer, or donate, please visit their website. The Law Office of Philips & Raaymakers proudly supports this organization.

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Sarah and Chuck

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In 2023, House Bill 425 went into effect, making Florida’s “Move Over Law” official. It required motorists to move over into the next lane or reduce their speed to 20 m.p.h. below the posted speed limit if they encountered a stopped first responder, tow truck, or other emergency vehicle. Despite these measures, and particularly in Florida, roadside injuries persisted at an alarming rate.

Approximately 350 people are killed per year standing outside a disabled vehicle on the side of the road. In Florida alone, there were 176 crashes in 2023 due to vehicles not moving over. Tow truck drivers are particularly vulnerable, with 43 out of every 100,000 being killed in roadside crashes.

Clearly more safety measures were needed. Effective January 1, 2024, Florida’s Move Over Law has been expanded to require motorists to move over not just for first responders, but for any stopped vehicle with warning/hazard lights, emergency flares/signals, or that is stopped with at least one person present. . . more

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An exclusion is a contractual provision in your insurance policy that states what the insurance company Will Not cover on a claim for damages. Often it seems there are more of these clauses in an insurance policy telling you what your company Won’t cover than there are saying what they will pay for on a claim.

Prior to buying a policy of insurance, or renewing one for your car, motorcycle, home, or health to name a few, make sure you consult with an agent to find out what your policy Will Not cover.

We often assume that the insurance we are purchasing will cover us on any claim for the type of coverage we bought, but this is not true.

If your claim falls under an exclusion, it means that the insurance company Will Not pay that claim and you are now personally exposed to the payment of those damages.

A common exclusion in an auto policy is for business use of a personal vehicle, such as driving for Uber or Lyft, delivering pizza, food, or flowers, etc. Personal use of a commercial vehicle could be excluded as well. Motorcycles, golf carts, or ATV’s can be excluded from a standard auto policy requiring the insured to purchase a separate policy for those vehicles.

Auto policies also have exclusions for “Acts of God”, which can include unforeseen medical events which cause a driver to have an accident, such as a heart attack or stroke.

Unnamed, or unknown drivers (ones the insurance company is not aware of living in the household) can be denied coverage under an auto policy exclusion. Vehicles not listed under the policy can be excluded too.

Homeowners’ policies often have clauses excluding damages caused by flooding, water leakage for a long period, or mold.

Damage caused by settling or shifting of the soil can be denied under the policy as well. A claim arising out of faulty or poor construction of a home or addition could be excluded also.

Dogs, specific types of breeds, or certain types of pets are often excluded from insurance coverage leaving the owner of those animals exposed to personal liability.

Of course, with health insurance, a common exclusion can be for pre-existing conditions.

Prevent yourself from being denied coverage under an exclusion by asking your agent if there are any riders or supplements to the policy that you can purchase to cover you if there is an exclusion for a particular situation or event under your main policy of insurance.

Always read your policy and be familiar with what it covers, as well as what it Doesn’t!

We have fought and litigated many of these exclusion issues, so if you should have any questions concerning this topic or any other legal matters, contact us. We are always here for YOU!

Chuck and Sarah

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In March of this year, the Florida Tort Reform Act became law on the same day that the Governor signed the law. It made extensive changes to laws governing personal injury cases and how they are handled in Florida. It also applied most of these changes retroactively, meaning that it automatically applied these changes to cases that were already pending before the new law passed, unless they were already being litigated in court. The following are bullet points of some of the most significant changes that Sarah and I believe you should be made aware of.
1. THE STATUTE OF LIMITATIONS – meaning the time you have to bring your personal injury case and file suit is now 2 years, substantially reduced from the prior 4 years you had to resolve or file suit in your case. This is one of the only changes that was not applied retroactively, so it only applies to new cases after the legislation went into effect.
2. COMPARATIVE FAULT – meaning the degree of fault for the accident that could be alleged against or attributed to the plaintiff/the injured party. Prior to this year, the injured party could bring a case for their injuries regardless of the degree or level of fault they might have had for those injuries. Their damage recovery would have just been reduced by their degree of fault. Now, if the injured party can be found to have had greater than 50 percent of the fault for their injuries (i.e. 51% or greater), then they are barred from bringing a case forward for personal injury. This new change was applied retroactively to any cases that were not in suit at the time of the passage of the law.
3. MEDICAL BILLS AND DAMAGES – under this law, you now will only be able to collect for what health insurance would have paid towards your medical bills/damages, regardless of whether you had health insurance or not and even if the doctor or medical facility charged you more than what health insurance would have paid. This could leave you with medical debt and damages you cannot collect from an insurance company/jury. It will also potentially affect which doctors will treat you as they will be limited to what health insurance would have paid, not what they normally charge for their services. This change was applied retroactively too.
Sarah and I believe the retroactive/backward application of many of these tort reform changes are unconstitutional because they make substantial changes to people’s cases and rights without prior notice of the changes and how they will affect their cases. There are countless prior Florida Appellate cases that say that if a substantial change is made in the law that affects people’s cases and their rights and is not a mere change to the procedure, then it must be applied prospectively, meaning in the future to new cases that come after the passage of the law.
However, it does not matter what we think presently, as we have to follow the new law and apply it to our cases until, and if, the Courts decide otherwise.
If you should have any questions concerning this new tort reform law or any other legal matters, please feel free to contact us at your convenience at 727-494-2008.
We are always here for YOU!
Chuck and Sarah

The post Florida Tort Reform Act first appeared on Philips & Raaymakers Law.