In re Guardianship of Jones

In re Guardianship of Jones, 243 So.3d 503 (Fla. 2nd DCA 2018)

This decision construes the language in F.S. 744.312 regarding the appointment of an emergency temporary guardian who is a professional guardian as the permanent guardian of a ward. The Court construed the language of the statute and the findings of fact in the trial court order, and found that the requirements had been met for this emergency temporary guardian to stay on as permanent guardian for the ward.

Specifically, F.S. 744.312(4)(b) provides as follows:

"An emergency temporary guardian who is a professional guardian may not be appointed as permanent guardian of a ward unless one of the next of kin of the alleged incapacitated person or the ward requests that the professional guardian be appointed as permanent guardian. The court may waive the limitations of this paragraph if the special requirements of the guardianship demand that the court appoint a guardian because he or she has special talent or specific prior experience. The court must make specific findings of fact that justify waiving the limitations of this paragraph."

In sum, a professional guardian who is serving as an emergency temporary guardian may stay on in one of two situations: (1) the ward or the ward's next of kin request they stay on, or (2) the court waives the limitations based on specific findings of fact regarding the special requirements of the guardianship. 

Here, both occurred. The ward told numerous witnesses that he wanted the emergency guardian to stay on. The court also made findings of fact about the emergency temporary guardian's special skill set and qualifications which made her specially equipped to deal with this specific ward. Thus, the Court affirmed the emergency temporary guardian's appointment as permanent guardian of the ward.

Comments

  1. EATON FAMILY LAW GROUPFebruary 15, 2022 at 12:00 AM

    It is a proficient article that you have shared here.family law attorney Houston TX I got some different kind of information from your article which I will be sharing with my friends who need this info. Thankful to you for sharing an article like this.

    ReplyDelete
  2. GRANT PHILLIPS LAW, PLLCApril 10, 2022 at 11:25 PM

    I just need to say this is a well-informed article which you have shared here about it. It is an engaging and gainful article for us. Continue imparting this sort of info, Thanks to you.
    Merchant Cash Advance for Start Up Business
    Merchant Cash Advance Usury

    ReplyDelete

Post a Comment

Popular posts from this blog

Goodstein v. Goodstein

Goodstein v. Goodstein ,  263 So.3d 78 (Fla. 4th DCA 2019) I started this blog in 2013, and this is the first time I have the opportunity to write about a case that I am actually involved in. This case involves a long-running dispute between the father of the decedent, the personal representative of the estate, and the decedent's children, the beneficiaries of the estate (the personal representative's grandchildren). The personal representative appealed a decision by the trial court which required all estate assets to be placed in a restricted depository. Restricted depositories have been common-place in Miami-Dade County for quite some time. Recently, South Palm Beach County has instituted as similar requirement. As a matter of course, all estates opened since the introduction of this policy have been required to place all assets in a restricted depository and assets may only be withdrawn with a court order. Here, the beneficiaries had concerns about their actions a
Read more

Malleiro v. Mori, Mori and Corallo

Malleiro v. Mori , 182 So.3d 5 (Fla. 3d DCA 2015) This case serves as a lesson in rarely used words buried in the Florida Probate Code.  The Court was asked to determine whether an unsigned notarial will executed in Argentina was a valid will under the Florida Probate Code.  The Court ultimately held that because the Argentine will was unsigned, even though it was a notarial will, it was a noncupative will prohibited by the Florida Probate Code. The testator executed a valid will in New York distributing her real and personal property located in the United States.  Four months later, she executed a second will in Argentina.  The Argentine will was not executed with the usual formalities of American wills.  Instead, the testator orally pronounced her testamentary wishes to a notary who transcribed them in the presence of three witnesses.  The testator orally approved the typewritten will in the presence of the witnesses, and the notary signed and stamped the will.  The testator
Read more

Cantero v. Estate of Caswell

Cantero v. Estate of Caswell , --- So.3d --- (Fla. 3d DCA 2019) This decision involves an appeal of a trial court's order striking a claim as untimely. The claimant argued that his claim was timely because he was a reasonably ascertainable creditor who was not served with notice. The Court disagreed. The claimant argued that the estate should have known about his claim based on several conversations he had with the personal representative and the personal representative's attorneys. He was claiming an ownership interest in the decedent's real property because he paid for the property and paid the mortgage premiums over 20 years prior to the decedent's death for a 5 year period of time while he has in a relationship with the decedent. In his calls to the personal representative, the claimant apparently only mentioned that he had left some car parts in the garage and never said anything about an ownership interest in the property. He argued that he inquired, &quo
Read more