CASEY KASEM GUARDIANSHIP LAWSUIT PITS KIDS AGAINST STEPMOTHER: THE FIGHT FOR PERSON AND PROPERTY IN GUARDIANSHIPS AND CONSERVATORSHIPS

Even the wealthy are not immune from family litigation, and guardianship fights.

Florida courts are not alone in being the forum for fights over someone’s person and property. Guardianship litigation, or conservatorship litigation, is happening all the time. And now it’s happening involving radio personality and Scooby Doo voice Casey Kasem and his family.

According to published reports, Casey Kasem’s adult children filed a lawsuit for a conservatorship. Conservatorships are like guardianships: when someone needs help or assistance, a family member or someone who has an interest, files a lawsuit and asks a court to step in to help someone.

In Florida, guardianship litigation has exploded over the last 10 years. Probate courts in Broward County, and Palm Beach, now hear from kids and spouses about who wants to control a mother or father, and why. Probate courts’ job is to protect the person who needs help, often called the “ward.” Everyone is supposed to act in the best interests of the ward and not try to advance personal agendas or hatred towards some family member. Of course, as Florida residents, Florida guardianship lawyers, and probate court judges know that when you mix blood and money (family and fortunes), it gets tricky. Complicated? Rather…….it gets litigious ! And expensive.

Evidently Casey Kasem’s adult children claim that his wife of many years is blocking them from seeing their father. The children are the product of a prior wife of Kasem’s. Visitation is one issue which guardianship courts and probate judges rule on. Who gets to see dad and when and where? How often can I see dad?

When someone can’t manage his or her business affairs or finances or money, one may request a guardianship or conservatorship over the ward’s property. Who gets to control millions of dollars? A mansion? Real estate?

When the ward is not mentally or physically capable of handling his basic rights or civil liberties, a guardian of the person may be appointed. In other words, in Florida, if someone can’t make decisions for him or herself, a court will appoint a fiduciary to make those decisions.

A guardian is a fiduciary ! A guardian must keep the Florida guardianship court (probate court) informed of what he or she is doing. A plan and budget must be filed.

Evidently, the Kasems are fighting over the care Casey receives, in addition to visitation rights. This is common in guardianship disputes, also called contested guardianships. Who is caring for mom or dad and are they receiving the right care?

Not surprisingly, guardianship lawsuits are not uncommon when adult children of a wealthy man don’t get along with the ward’s second or third wife or spouse.

Personal feelings run hot and fast in guardianship matters. Mediating the guardianship dispute may make sense if you get the right mediator such as a retired judge who is familiar with family fights. If mediation fails, full speed ahead ! Set it for trial.