FLORIDA GUARDIANSHIP LITIGATION —- sister’s husband against family
I’ve coined the term “guardianship wars” to describe the guardianship litigation that’s going on across America, as family members, second and third spouses, in-laws and outlaws, neighbors and nasties fight over someone’s person and purse.
Sadly, guardianship litigation in Palm Beach County, Florida, and throughout Florida is on the rise. I’m a probate litigator in Palm Beach County, Florida. If you asked me 10 years ago if I were going to handle guardianships, my answer was “no.”
Now, however, Palm Beach guardianship litigation, & Florida guardianship disputes from Stuart, Florida, to Boca Raton, to Avenutura & Weston, to Miami-Dade County, is probably 30 to 60% of our West Palm Beach probate law firm’s practice.
It seems that everyone is fighting over mom or dad’s property, and civil rights, in an effort to be the decision-maker and to control mom or dad when they may suffer from dementia, or when they become partially or totally incapacitated, or need a little assistance with their financial affairs. This is even the case when mom or dad had a Florida power of attorney, a Florida revocable trust, or a Florida living will and other healthcare documents.
The point is, Palm Beach guardianship litigation goes on even when a guardianship should not be occurring — like when mom or dad had an alternative to a guardianship — like a Florida power of attorney and a Florida revocable trust.
Regardless, a very recent case, issued by a Florida appeals court at the end of last month, speaks to a guardianship lawsuit. This is a case of a woman who is the subject of a Florida guardianship. This guardianship dispute pits that woman’s husband against that woman’s siblings. Or vice versa.
One important part of Palm Beach guardianship lawsuits that I’ve always maintained is that it is everyone’s job to protect the person who is the subject of the Florida guardianship. Although family members and 2nd & 3rd spouses may disagree over who may control the Palm Beach guardianship, or, for example, who may be the guardian in Fort Lauderdale, or Boca Raton, there is one thing that everybody who is fighting in the guardianship matter should agree on : everyone should be looking out for the ward’s best interests, and protecting the ward and his or her Palm Beach property.
So what’s up with this recent Florida guardianship case ?
It seems that
- a woman was the subject of a Florida guardianship
- her brother & sister wanted to be in control of the Florida guardianship
- her brother & sister were appointed guardians
But………………
- the woman evidently had a health care document or other Florida guardianship document appointing her husband as her guardian. Who wins ? …………………….. the husband or the family ?
Q: Why did the Florida guardianship court appoint the brother & sister if the woman appointed her husband ?
That’s the point ! The Probate Court, the guardianship court, should have held a hearing to see if that document appointing the husband was valid.
Q: Was the woman competent when the guardianship document appointing her husband was signed?
That’s for the Probate Court to determine !! You need a Florida guardianship hearing – a guardianship trial.
One point of advice: guardianship hearings or trials are trials !
- You need evidence to prove your case: documents which are admissible, witnesses who are credible, relevant evidence.
- You can’t just get up there and speak !
- Your guardianship lawyer’s argument is not evidence ! No matter how good she is !
Q: Are you ready for your Florida guardianship trial ?