Wallace v. Comprehensive Personal Care Services, Inc.

Wallace v. Comprehensive Personal Care Services, Inc., 275 So.3d 782 (Fla. 3d DCA 2019)

This decision highlights the disconnect between the Appellate Courts and the reality of practicing guardianship law. Here, prior to an incapacity proceeding, the court in a related trust matter entered a protective order dealing with the dissemination of medical records. Later, prior to filing for guardianship, the AIP's son sought an order from the court allowing him to attach those medical records to his petition to determine incapacity. The trial court denied his request.

The Appellate Court affirmed, basing its analysis on the procedures set forth in Chapter 744. Apparently, the Court has a great deal of faith that the members of examining committees will abide by the provisions of Chapter 744. The Court seemed to feel that because the petitioner can outline the factual basis for their beliefs in their petition, can name the AIP's attending physician, and because F.S. 744.331 requires at least one member of the examining committee to be knowledgeable about the area of alleged incapacity and that they consult with the examining physician, the examining committee should have a complete picture of the AIP's alleged incapacity without the need for the petitioner to attach the medical records to his petition.

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