Under Florida probate law, what is a guardian? What is a ward? Does a guardian have control over a Ward’s trust? Can a guardian compel the trustees of a Ward’s trust to make certain trust management decisions? What if the decisions are in the ward’s best interest? What does a guardian have control over? A February 26,2016 Florida Second DCA opinion reveals that guardians are restricted when it comes to some decisions regarding a ward’s trust.
Guardianship in Florida
- What is a guardian?
- Guardians are appointed to care for people who cannot take care of themselves.
- What is a ward?
- The person a guardian protects.
- Probate attorneys West Palm Beach know that guardians have a duty to act in their wards’ best interests.
- However, they do not have to make decisions based on their ward’s wishes or desires.
- Guardians usually have complete control over their wards’ finances, property, and care.
- They pay their ward’s bills, arrange living situations, and oversee the medical treatment of the ward.
- 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.
In re Guardianship of Mount
- Here, the co-trustees of the Ward’s trust appealed an order compelling the trustees to ” return trust funds held in the escrow account of the Stern & Kilcullen law firm to the Trust’s primary bank account.”
- The Second DCA reversed this order saying that the Ward’s “beneficial interest” in the trust did not allow the guardianship court, “in the absence of an action properly commenced by the guardianship against the cotrustees”, to “override the decisions of the co-trustees in the management of the trust.”
Want to learn more?
Read the entire case by clicking here.
User’s Guide for Florida Probate Litigation & Administration of Estates, Wils & Probates
- 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.
com/videos/