Koshenina v. Buvens
Kosheniva v. Buvens , --- So.3d --- (Fla. 1st DCA 2014), 2014 WL 304889 At issue in this case was the proper standard for reviewing (and possibly overriding) a ward's designation of a pre-need guardian. Here, the ward named her husband as her preneed guardian at a time when her capacity to do so was questionable. The trial court initially named her sibligns as her emergency temporary guardians, and ultimately appointed them as her plenary co-guardians instead of her husband. The Appellate Court had two distinct problems with the trial court's analysis: (1) Validity of Declaration of Preneed Guardian After hearing evidence from her lawyer, who said the ward was competent when she executed the Designation naming her husband as her preneed guardian, and conflicting evidence from doctors regarding her ability to execute such a document, the court held that it "seriously questioned" her ability to know what she was doing when she executed the Designat...