An interesting guardianship issue arose in a recent Palm Beach appeal. Can a ward subject to a guardianship still get married without the guardian’s consent? Florida probate lawyers know the answer is “it depends.” But what does it depend on? Check out the case to learn more.
Guardianship Florida
- Do you know what guardianship is?
- Florida guardian lawyers know that there are a lot of different forms of guardianship but the basic concept is the same.
- The Florida probate courts do an analysis centered around deciding if a potential ward needs a guardian.
- This creates a fiduciary like relationship whereby the guardian is tasked with looking over the wellbeing of the ward.
- Florida probate lawyers know there are many types of guardianship.
- Probate attorneys Florida may be most familiar with the so called plenary or total guardian.
- That being said many estate attorneys Florida go for more limited guardianship.
- These can be controlled by the Courts to fit the needs of the Parties.
- Thus when asked can a ward get married without guardian permission the answer depends on what type of guardianship there was.
- What about when the Florida probate attorney seeks a plenary guardianship?
- Check out this recent case, released today from the appeals court dealing with just this issue in Florida.
Smith v. Smith: Guardianship 101
- This was a guardianship appeal from the Florida probate court.
- The issue was that the guardian was seeking to annul a marriage entered into without their consent.
- The wife argued that was not necessary because neither the applicable statute or Court Order required that the guardian consent.
- Who would you agree with?
- Florida estate attorneys know that these kind of issues hinge on the nature and need of a guardianship.
- There is no one size fits all guardianship in Florida, ask any experienced Florida estate attorney.
Want to learn more?
Check out the entire case by clicking here.
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