Can a Guardian Amend a Ward’s Trust?
In Florida, guardians are appointed to care for people who cannot take care of themselves.
Guardianship lawyers West Palm Beach know that the person a guardian protects is called that guardian’s ward. What are the duties of a guardian? In Florida, can a guardian amend award’s trust? Can a guardian make himself or herself the trustee of a ward’s trust?
Duties of a Guardian in Florida:
- Guardians have a duty to act in their wards’ best interests.
- They have no duty to respect their wards’ wishes.
- They have complete control over their wards’ finances, property, and care.
- For example, guardians are responsible for paying their wards’ bills, making their wards’ living arrangements, and overseeing their wards’ medical treatment.
- But what is the legal role of a guardian in Florida when it comes to the Ward’s trust?
- Can a guardian modify a Florida trust as he or she sees fit?
- West Palm Beach Probate Litigation attorneys have dealt with questions like this on many occasions.
Rene v. Sykes-Kennedy
- The Fifth DCA of Florida released an opinion related to the guardian’s ability to modify a revocable Florida trust.
- Lisa Rene appealed an order in a guardianship proceeding authorizing Janie Sykes-Kennedy, the court-appointed guardian for Lillie S. White, to amend White’s 2006revocable Florida trust.
- Sykes-Kennedy wanted to appoint herself as trustee of White’s revocable trust.
- The original trust document had provided for Rene, White’s granddaughter, to becometrustee in the event White became incapacitated.
- Rene v. Sykes-Kennedy, No. CASE NO.5D14-975, 2015 WL 24081 (Fla. Dist. Ct. App. Jan. 2, 2015)
- What did the court decide?
- Click here to find out whether a guardian can make himself or herself the trustee of a ward’s Florida trust.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.