You would have to be living under a rock to not be aware that two of our state’s metropolitan areas have a serious problem with violent crime. Montgomery and Birmingham have become crime-ridden war zones that resemble third world countries like Mexico, run by drug cartels.

Question: If someone has signed a health care proxy and durable power of attorney while they have capacity, is there any benefit to also petitioning for guardianship or conservatorship later on if that individual is deemed to be incapacitated? In other words, does an invoked health care proxy and power of attorney provide the same legal authority and decision-making power as that of an established guardianship and conservatorship, or are there other benefits to petitioning for conservatorship or guardianship?

Question: My wife and I have a family joint revocable trust, in which my daughter and her husband are the trustees. However, they do not want to do this job. My wife and I paid a lot of money, $36,000 for unlimited help, to our current elder lawyers, to get this trust and all our legal papers drawn up here in Florida. The lawyers who did our trust said that they could be the trustees, but it would cost $30,000 to $35,000 in addition.

Question: My grandmother passed away in 2001 in Massachusetts and died intestate leaving her house. My uncle and mother are her direct descendants. My uncle lives in the house but is currently ill with cancer, heart, and kidney issues but is recovering from surgery in a rehab facility and needs to go home soon to receive cancer treatments. If he stays in the rehab facility they won’t cover the cancer treatment.

Question: How do you find out if someone has a will?