Smith v. Smith

Smith v. Smith, 199 So.3d 911 (Fla. 4th DCA 2016)

This decision deals with the question of whether a ward's right to marry is subject to court approval during a guardianship proceeding.   Florida Statutes § 744.3215(2)(a) provides:

(2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right:

(a) To marry.  If the right to enter into a contract has been removed, the right to marry is subject to court approval.  

The Court held that the plain language of the statute does not state that a "marriage" is subject to court approval, but instead that the "right to marry" is subject to court approval.  Therefore, it held that if a person deemed incapacitated has had his or her right to contract removed, he or she has no right to marry unless the court gives its approval.


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