On Wednesday, November 4, 2015, board certified appellate specialist Rob Hauser of the Pankauski Law Firm achieved a significant victory in a guardianship case on an issue of first impression in Florida. To read Florida’s 4th District Court of Appeal’s opinion in this Palm Beach guardianship case, click on this 4th DCA link: http://www.4dca.org/opinions/Nov.%202015/11-4-15/4D15-357.op.pdf
Palm Beach Guardianship Appeal: Probate Court in Palm Beach Gardens to 4th DCA in West Palm Beach
- In a detailed published opinion, the Fourth District held that the Public Guardianappointed by the Department of Elder Affairs cannot be forced to accept appointment as guardian in any particular case.
- The case arose when an existing charitable guardian sought an order in the Palm Beach Gardens probate court allowing it to resign as guardian because it was having difficulty with the ward.
- The Florida guardian sought an order appointing the 15th Judicial Circuit Public Guardian in its place.
- The trial court granted the motion and appointed the Public Guardian without notice to the Public Guardian.
- The Public Guardian sought rehearing.
- At the rehearing, the probate court ordered the Public Guardian to accept the appointment.
- In its opinion, the Fourth District held that the Florida Probate Code for Guardianships, Florida Statutes, Chapter 744, does not empower a Palm Beachprobate court judge to force the Public Guardian to accept the appointment as guardian.
- To the contrary, the court held that because there is a statutory limitation on the number of wards that may be accepted in to the public program, not every candidate for guardianship can or will be accepted.
- Instead, the decision to serve as guardian is an executive branch function handled by the Department of Elder Affairs.
- Because no successor was immediately available, the incumbent charitable guardian was required to remain in place until a suitable successor can be appointed.
- The case is Legal Aid Society of Palm Beach County, Inc., Public Guardianship Program v. Ferd and Gladys Alpert Jewish Family & Children’s Service, No. 15-357 (Fla. 4th DCA Nov. 4, 2015).
Robert Hauser Successfully Represented Legal Aid at Palm Beach Appeals Court
- In the Fifteenth Judicial Circuit, the Legal Aid Society of Palm Beach County, Inc. serves as the Public Guardian.
- Rob Hauser is proud to have represented the Public Guardian on a pro bono basis and to have participated in this significant Florida guardianship decision of first impression.
- Rob Hauser personally argued this appeal before the 4th District Court of Appeal.
- Oral argument was held on October 6, 2015.
- The opinion can be found at http://www.4dca.org/opinions/Nov.%202015/11-4-15/4D15-357.op.pdf.
- Mr. Hauser can be contacted at 561-835-0900 X 102 or athauser@pankauskilawfirm.com.