Florida Lawsuits: Evidence and Guardianship Hearings

What evidence should be presented at a West Palm Beach incapacity hearing ? What should probate lawyers present to a probate court to prove that a guardianship is necessary for the alleged incapacitated person? Does a Florida guardianship court consider testimony from people involved in a guardianship matter? A recent Iowa appeal shows just how important strong evidence is in a guardianship case.

A recent Iowa opinion, In Re Guardianship of Monkhouse, discusses this issue. In this appeal, the ward appeals the probate court order establishing a limited guardianship. He argues that his parents, the guardians, did not prove that a guardianship was necessary. After reviewing the evidence and considering the facts presented, the probate court disagreed with the ward. They found that substantial evidence supported the establishment of a limited guardianship. To read the entire case, click here.