At least 100 pages of Florida law, Chapter 744, are devoted to “Guardianship,” which may or may not be imposed upon a person who is determined to be incapacitated.
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Holocaust Survivor Marie Winkelman is now a Ward of the State of Florida, based upon the order of the Sarasota County Probate Court, which adopted a mediated settlement agreement that denied Marie her due process rights. This is the fourth part in an investigative series on the involuntary guardianship of author and acclaimed painter Marie Winkelman.
What is incapacity supposed to be?
According to the Uniform Guardianship and Protective Proceedings Act (1997), an “Incapacitated person” is an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.
So what was Marie’s status before she was put into State guardianship?
Until July 2013, Marie lived independently in a lovely residence in Sarasota, Florida, where she cleaned her apartment immaculately everyday, organized her papers and closets effectively, dressed herself beautifully, prepared her meals, entertained guests frequently, did all of her own shopping, talked with her bankers and financial advisors regularly in person and by telephone, made and received calls multiple times per day, read the daily newspaper, paid her own bills by check and by telephone, and carried on conversations for hours, switching from Polish to English, depending upon the recipients with whom she was speaking.
Why Marie Winkelman’s guardianship is a test case …
Can Marie receive and evaluate information? Absolutely. Can Marie make and communicate decisions? Assuredly. Does Marie have the ability to meet essential requirements for physical health, safety, and self-care? Yes. By lowering the bar of “incapacity,” the State of Florida has created a substantially larger pool of affluent persons whose lives and fortunes are under the authority of the probate courts that increasingly operate in secrecy by closing hearings to the media and the public and removing court records from the public sphere.
Full Article and Source:
Marie Winkelman Guardianship: A Test Case to Lower the Bar on Incapacity in Florida
See Also:
The Taking of Marie Winkelman 1-2-3
NASGA: Marie Lubowski Winkelman, Florida Victim![]()
What is incapacity supposed to be?
According to the Uniform Guardianship and Protective Proceedings Act (1997), an “Incapacitated person” is an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.
So what was Marie’s status before she was put into State guardianship?
Until July 2013, Marie lived independently in a lovely residence in Sarasota, Florida, where she cleaned her apartment immaculately everyday, organized her papers and closets effectively, dressed herself beautifully, prepared her meals, entertained guests frequently, did all of her own shopping, talked with her bankers and financial advisors regularly in person and by telephone, made and received calls multiple times per day, read the daily newspaper, paid her own bills by check and by telephone, and carried on conversations for hours, switching from Polish to English, depending upon the recipients with whom she was speaking.
Why Marie Winkelman’s guardianship is a test case …
Can Marie receive and evaluate information? Absolutely. Can Marie make and communicate decisions? Assuredly. Does Marie have the ability to meet essential requirements for physical health, safety, and self-care? Yes. By lowering the bar of “incapacity,” the State of Florida has created a substantially larger pool of affluent persons whose lives and fortunes are under the authority of the probate courts that increasingly operate in secrecy by closing hearings to the media and the public and removing court records from the public sphere.
Full Article and Source:
Marie Winkelman Guardianship: A Test Case to Lower the Bar on Incapacity in Florida
See Also:
The Taking of Marie Winkelman 1-2-3
NASGA: Marie Lubowski Winkelman, Florida Victim