Florida Guardianships: Guardianship Lawsuits and Interested Persons

Pursuant to Florida guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court West Palm Beach and have a say in someone’s guardianship proceeding?  What do Palm Beach courts consider to be frivolous claims? Anyone who is involved in a guardianship matter in Florida should read St. Pete v. Osorio-Khor.

Interested Parties in Florida Guardianship LitigationAre you an interested party to a guardianship proceeding?Do you have enough connection with the person who is the subject of a guardianship matter that you are entitled to participate in the guardianship hearing?A probate judge will determine if you are an interested person. The judge will consider your relationship with the person who is subject to a guardianship, and will be very fact dependent.If you are an interested person, and you have been denied an opportunity to participate in a family member’s guardianship trial, what are your rights?You may have rights in probate court, and you may also have rights to Florida guardianship appeal.If you are involved in a Florida guardianship matter, and your Boca Raton probate litigator is telling you that the court isn’t letting you participate, you should figure out what your rights are.Check out this recent appeal out of the Fourth DCA where the court found that the appellee was not an interested person and did not have standing. However, the court also did not find the appellee’s lawsuit to be frivolous.

St. Pete v. Osorio-Khor was an “appeal in a guardianship proceeding from the trial court’s order denying appellant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes against appellee Karlene Osorio-Kohr.”Guardianship litigation is becoming more and more common in West Palm Beach and surrounding cities.Here the appellant, St. Peter, requested attorney’s fees pursuant to section 57.105 after the trial court determined that Khor did not have standing in the matter.Khor was not an interested person.Despite Khor not being an interested person, the Fourth DCA affirmed the trial court’s ruling denying the motion for attorney’s fees under section 57.105, Florida Statutes (2014).The court said that, although Khor wasn’t an “interested person”, her claims were not frivolous.How is this the case?To read the entire Fourth DCA guardianship appeal, click here.