If you are a family member who is involved in a disputed guardianship in Palm Beach, or are seeking to be the guardian of your mom or dad, or other loved one, you may want to read this recent Florida guardianship case. It deals with what can happen when the Florida Probate Court receives inconsistent opinions about whether someone has capacity or not, and whether or not that person needs a Florida guardian. On March 7, 2014, Florida’s 2nd District Court of Appeal issued a legal opinion in a Florida guardianship matter that not only dealt with attorneys fees in guardianship actions, but also inconsistent medical evaluations. Here’s the link to the Florida appellate court’s opinion that you can read for free: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2014/March/March%2007,%202014/2D12-5373.pdf
What You Need to Know about Florida Guardianships
- Guardianship matters are heard in Florida’s Probate Courts
- Guardianship papers are filed when one thinks a person may be incapacitated –either completely or in part
- The Probate Court Judge will appoint a 3 person Examining Committee
- Each member of the Palm Beach Examining Committee will interview the person who may be incapacitated & write up a report to the Probate Court
A Guardianship Trial
- Before even appointing a Palm Beach guardian, the Probate Court will determine if the person is incapacitated or not AND whether there are alternatives to a guardianship like a Florida Power of Attorney or a Palm Beach Revocable Trust
- Guardians are appointed by the Probate Court judge either by agreement or after a guardianship trial (what Palm Beach guardianship lawyers call a “hearing”)
Q: How do you win at a Palm Beach Guardianship Trial?
A: You need to introduce evidence, call witnesses and demonstrate that what you are seeking is in the best interests of the Palm Beach person who may need a guardian.
What Do You Do If the Medical Reports are Inconsistent?
- Ask the Judge to have your own doctor or psychiatrist appointed to evaluate the person.
- Ask the Probate Judge to have the examining committee evaluate the person again. (In Palm Beach guardianship circles, we call the person who may need a guardianship the alleged incapacitated person.)
- Request that the Probate Judge appoint a new examining committee .
- Remember: you are dealing with someone’s life and livelihood and their personal freedoms and basic human and civil rights. A guardianship, if established by the Probate Court, takes away some of those basic human rights. So treat the person with dignity, recognize that this is serious stuff, and try to move expeditiously as you can under the circumstances. The last thing you want to do is get mired down in motions and paperwork. Luckily there are many good guardianship litigators in South Florida and excellent probate judges from Delray Beach to West Palm to Palm Beach Gardens who really look out for the person who may need the guardianship.