Featured Blog
Parental Alienation in Divorces
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Parental alienation is a term that is often thrown around in divorce and paternity proceedings, however, it is rarely ever truly understood at its core. Parental alienation is a process by which a child is turned against one of their parents due to the emotional manipulation of the alienating parent and it is devastating on children.
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Watch Regina M. Campbell, Esq.’s Telemundo Interview on the Britney Spears Case
#FreeBritney
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NEW Upcoming Podcast Episode
Tune in on July 27, 2021, at 11 AM EST to listen to our managing attorney explain the steps employers can take to mitigate risks.
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Why is A Shareholder or Partnership Agreement Necessary? The 5 D's
This Webinar focuses on why management agreements between partners, shareholders, and owners are important and necessary in order to avoid disruptions in the business due to circumstances such as the 5 D’s: Dispute, Divorce, Debt, Disability, and Death.
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The Legal Zone (Season 1, Episode 1): Contracts 101
Regina Campbell of the Campbell Law Group discusses the basics of contracts and their importance to your company.
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Employers Must Stay in Compliance with The ACA Mandate
In a recent U.S. Supreme Court decision, California Et Al. V. Texas Et Al. decided on June 17, 2021, the Supreme Court rejected the challenge by Texas and a number of other states, to the Patient Protection and Affordable Care Act’s (ACA) individual mandate, based on the reduction of the individual mandate penalty’s reduction to zero, which became effective in 2019.
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What is the difference between a Guardianship and a Conservatorship in Florida?
With all the news about Britney Spears lately (aka #FreeBritney movement), I have received a lot of questions about the differences between guardianship and conservatorship. Here is a quick explanation of the differences between the two in Florida.
A guardianship is usually created when a person lacks the mental or physical ability to care for themselves or make decisions about their health, personal or financial affairs. A person’s incapacity can be due to age, lack of mental capacity (e.g., addiction and lack of mental/cognitive development are the most common), mental illness, or physical injuries. The probate court will, upon being petitioned by a family member or other third party with legal standing, review the allegations and decide whether the guardianship should be established for the person and what the parameters of the guardianship over the person should be. Should the Court believe that the person requires a guardian or guardianship to protect the person, the court will appoint a guardian to look over the person’s affairs and give the guardian the scope of the authority in which the guardian can exercise over the disabled person and terms for the guardian’s authority. The court can grant a guardian the right to make decisions over the person’s health, financial, and personal decisions. The authority can be in part or whole. The court may determine that the disabled person cannot only manage his or her finances and limits a guardian’s authority to solely issues related to the person’s finances. The court may also appoint other guardians which act in different capacities and of course, if the person is a minor, the parents of the minor are natural and legal guardians over the minor, so a guardian may not be needed for the health of a minor unless the Court is concerned that the parents may not be acting in the best interest of the minor. Guardians can also be appointed for a limited basis, such as Guardian ad litem, which are often appointed by the family court to investigate claims of parental abuse, custody, and timesharing issues or by the Probate court to allow an attorney to represent a child in a proceeding where the minor’s parents interest may conflict with that of the minor and the minor may need separate representation. Finally, the court continues to supervise the guardian and the guardianship during its terms to ensure that the guardian is always acting in the person’s best interest.
In contrast, a conservatorship in Florida is primarily used when the person is “absent.” Fla. Statute 747.01 defines an absent person for purposes of the statute as:
747.01 Who are absentees under this law. —
(1) Any person serving in or with the Armed Forces of the United States, in or with the Red Cross, in or with the Merchant Marine or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for 1 year, thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy, shall be an “absentee” within the meaning of this law; and,
(2) Any resident of this state, or any person owning property herein, who disappears under circumstances indicating that he or she may have died, either naturally, accidentally, or at the hand of another, or may have disappeared as the result of mental derangement, amnesia, or other mental cause, shall also be an “absentee” within the meaning of this law.
A conservatorship, though it can be used for a person who disappeared for mental derangement, amnesia, or other mental causes, is primarily used by family members or next of kins to take control over the “Absent” person’s property and financial affairs and is generally reserved for a physically absent person. A conservatorship has all the same powers in which a guardian or guardianship may have.
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NEW Podcast Episode:
Tune in on July 27, 2021, at 11 AM EST to listen to our managing attorney explain the steps for employers to mitigate risks.
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Last Podcast:
On July 8, 2021, our Managing Partner, Regina Campbell, Esq., released The Legal Zone’s new episode: “Getting a Divorce: What to Expect?”. This episode covers the basic elements of what every person needs to know about getting a divorce. Some red flags that you may be facing a high conflict divorce include:
1. You have been married for a long time, have a family business, or have extensive assets.
2. Your spouse has filed for divorce in a different jurisdiction.
3. You or your spouse have or are expected to receive money from an inheritance or trust.
4. You or your spouse are self-employed, and determination of income will be difficult.
5. Your spouse has mental health or violence or addiction issues.
6. Your spouse is behaving spitefully when it comes to your shared children or is engaging in parental alienation.
7. Your spouse has abandoned you and/or the children, refuses to communicate with you at all, or has moved far away.
8. Your spouse is out for revenge and isn’t above “getting dirty.”
9. Spouse is disabled, has never worked, or refuses to work.
10. There has been a history of abuse or protective orders have been filed (even frivolously).
If you were not able to tune into the podcast last week, do not worry! You can view the full episode here or listen here.
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Appearance on Array Digital’s “The Managing Partners Podcast”
Our managing partner, Regina Campbell, made a guest appearance on Array Digital’s “The Managing Partners Podcast” on June 3, 2021. Array Digital is an award-winning digital marketing agency based out of Hampton Roads, Virginia, focused on providing highly targeted online marketing and advertising to their clients.
In this episode of their podcast, Regina and Kevin Daisey dove into a variety of topics ranging from business development and entrepreneurship to legal issues involving complex business litigation. If you did not get a chance to tune in, make sure to watch it here!
Instagram Live with Omar Gutierrez
Regina Campbell collaborated with Omar Gutierrez as a part of his Attorney Law Edition series. They discussed legal topics ranging from tortious interference, religious and civil law marriages both in the United States and abroad, corporate and family law issues, factors to consider when hiring a corporate lawyer and issues pertaining to business partners and shareholders. Watch it here!
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