2015 Case out of California: In Re Estate of Jordyn Shows Importance of Competent, Experienced Counsel in Guardianship Matters.
Guardianship in Florida is a mechanism to protect those who are not mentally or physically able to take care of themselves. I have blogged previously about some of the various failings of the Florida guardianship system. A case out of the Fifth District in California shows these issues appear throughout the country. A woman lost her appeal to have a probate court’s order struck which appointed another woman as guardian of her daughter.
- Shortly before the birth of the minor child, the mother and her boyfriend (Jordyn, the ward’s, father) were charged with murder and agreed that Respondent would serve as guardian.
- The appellant gave birth to Jordyn while in custody and ultimately had a change of heart and felt that her child should be raised by a family member.
- Appellant contended (1) she was denied due process because the court failed to send a “notice to appear” resulting in her failure to attend the October 2013 hearing; (2) respondent has failed to “obey the judge’s orders”; (3) respondent obtained “custody of [the minor] by a felonious criminal act”; and (4) the court’s “decision was based on false evidence.”
- The appellant / Mother also brought this action herself, without a lawyer.
- Ultimately she failed.
I am not in the game of determining from a court opinion whether or not someone is fit under Florida or any state’s laws to be a fit parent, what I do know is if you want to go into guardianship court to get something as valuable as your own child there are some preliminary considerations to be made:
- You really want an attorney there. An experienced Florida probate attorney will know things that you simply cant and hopefully can get you the relief that you want.
- If you do not get an attorney remember they will hold you to the same standard as if you did have an attorney present.
- You have to create a record for the court if you want your decisions reviewed.Here the woman made no effort to preserve issues for review and she ultimately lost out hard as a result.