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Daughters Sue Father for Stock then Also File for Guardianship Claiming He is Incompetent! Guardianship Process Abuse in West Palm Beach.

Uncategorized Jul 15, 2015
post about Daughters Sue Father for Stock then Also File for Guardianship Claiming He is Incompetent! Guardianship Process Abuse in West Palm Beach.

Are you the subject of a guardianship proceeding in  West Palm Beach? Is the proceeding unfounded and meant to abuse process? You may want to take a second and read about this interesting case out of the Fourth District Court of Appeals in and for West Palm Beach.

Palm Beach Guardianship

  • Guardianship is supposed to be used to protect a ward who is weak and unable to take care of themselves.
  • An interested party will petition the West Palm Beach guardianship court to examine an individual and determine competency.
  • Then a panel of two to three experts will be appointed to examine the individual and report back to the court.
  • Keep in mind you have no patient physician privilege in an exam like this.
  • Sometimes guardianship is not used for its proper purposes though.
  • For example take a look at this appeal out of West Palm Beach’s Fourth District Court of Appeal.

Snyder et. Al. v. Guardianship of Swistock Sr.

  • A man had five daughters and some valuable stock that he promised to four of them on his death.
  • That was not soon enough for them though so they sued the man in Pennsylvania for the stock.
  • They then went and tried to petition for guardianship in Florida over their father who they were also suing!
  • They did not get appointed the guardianship though luckily the Florida court was able to see that guardianship was not appropriate.
  • Unfortunately some time later the man suffered a stroke and as a result guardianship was necessary!
  • So the court appointed the fifth daughter as the guardian and she transferred the stock to her own name as personal representative once he died, destroying any claim to a right of survivorship that the other daughters had.
  • Needless to say this was all raised on appeal in Florida.
  • The Florida court however while acknowledging that the sisters had a property right deprived of them, noted that they failed to preserve their objection and file for a timely appeal.
  • As a result they lost.
  • Do you know the timing in West Palm Beach to file an appeal?

Want to learn more?

Click here to read the case in its entirety.