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.

Comments

  1. Hello,
    Probate is the legal process whereby a will is proved in a court and accepted as a valid public document that is the true last testament of the deceased.
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    ReplyDelete

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