FLORIDA GUARDIANSHIP FUNDS AND BREACH OF FIDUCIARY DUTY? Florida appeals court vacate Florida probate court order on guardianship
Last night , while most people from #Florida were busy watching the #2014 People’s Choice Awards, some #Florida probate litigators were reading recent opinions from #Florida guardianship courts. You probably had more fun with the #2014 People’s Choice Awards, and cheering for #Big Bang, #Castle, and #Beast and #Vampire Diaries. And, this morning, while you may be reading about #Cameron Diaz, or #Drea de Matteo coming back in her #Wendy Pane role on #Sons of Anarchy, there is some #Florida guardianship business of note.
#Florida guardianship law deals with both adults Florida citizens who need assistance – – may be incapacitated or incompetent – – and also with minors.
CAN A MINOR SUE HER FLORIDA MOTHER AS GUARDIAN?
Can you sue a #Florida guardian 10 years later? What if the #Florida guardianship court or the probate judge directs you, or orders you, to sue your mother for #breach of fiduciary duty?
A very recent #Florida guardianship case dealt with these issues of #breach of fiduciary duty and management of #guardianship money. Management, and mismanagement, of #Florida guardianship money is serious business. #Florida guardians need to have a plan of distribution, an annual plan, and they must provide a #Florida accounting each year. The clerk of courts office actually supervises, or looks over, the #guardianship filings can, including receipts. If something is missing, hear about it — from the clerk, or a Florida guardian will, or from the guardianship judge in the Florida probate court.
Evidently the #Florida guardian, in this Miami, Florida case, was the mother of a minor who is now an adult. The #Florida guardianship court required a #Florida lawsuit to be filed against the #Florida guardian.
Evidently, the #guardianship money, or #guardianship funds, were properly distributed to the daughter upon her becoming of age. The #Florida guardian was discharged as guardian. 10 years ago.
In Florida, under #Florida guardianship law, a #Florida guardian, like Florida personal representatives and Florida trustees all want to be relieved of possible legal liability. Florida guardians want to be discharged. Each Florida guardian, Florida trustee, and #personal representative is entitled to go to a #Florida probate court and ask the probate court judge to render a ruling, that the Florida fiduciary served properly, and did everything right : relieve me from liability, release me, and let’s close the books— discharge me.
WAS THE MIAMI GUARDIANSHIP COURT’S ORDER IMPROPER?
The appeals court for Miami-Dade County, Florida vacated the guardianship order of the #Miami guardianship court, ruling that it was untimely – – – too late.
FOR PROBATE ATTORNEYS, ELDER LAW ATTORNEYS AND LITIGATORS
If you would like a complete copy of this legal opinion, please email Michelle@PANKAUSKILAWFIRM.COM . This #guardianship litigation was down in Miami, Florida. Although the opinion by Florida’s third District Court of Appeals is brief, the dissent by Judge Salter is worthy of note and a read. #Florida guardianship law disputes, what we call contested guardianships, or guardianship lawsuits, have exploded. Ask any #Florida probate litigator, five or 10 years ago, if they were guardian lawyers, and they would all answer “no.” Today, in Florida, the guardianship wars rage on. Chapter 744 of the #Florida probate code, and the #Florida probate rules contain the #Florida guardianship laws. More and more adult children argue about who is going to control mom or dad‘s human rights and civil liberties – – and who will control mom and dad’s money . Florida guardianships permit a probate court judge to determine who will make decisions for a person, and also their property. There are very unique and special rules for this subspecialty of #elder law or #Florida probate law. There are many good #Florida Elder Law lawyers, and #probate lawyers who don’t litigate. Our #West Palm Beach estate and trust law firm only handles #probate litigation, including guardianship, estate, trust and property lawsuits. We go to court, try cases, call witnesses, and handle appeals. If you are a #Florida Elder Law lawyer, it would be a pleasure to work with you.