GUARDIANSHIP COURT TAKES AWAY RIGHTS OF 61 YEAR OLD WHO FIGHTS BACK ON APPEAL : WAS THERE EVIDENCE THAT GUARDIANSHIP/CONSERVATOR WAS NEEDED ? Fighting for your rights.

Uncategorized • Mar 13, 2014

Palm Beach guardianship cases can be tough. After all, a Florida guardianship is a probate matter where a court is being asked to take away someone’s rights . It may be the right to vote, or to choose where to live, or it may include the power to manage your own property and $$$ and make your own decisions . Palm Beach Guardianships are serious business because the probate courts or the Florida guardianship courts deal with our parents’, and children’s and our friends’ and family members’ most basic human rights and civil liberties. A recent guardianship case from outside of Florida shows a 61 year old whose rights were all taken away by a probate court — except the right to vote, which right was “given back” only upon appeal. If you are involved in a Palm Beach probate or Broward or Stuart, Florida guardianship matter, or a Florida incapacity hearing, this recent guardianship case may be of interest to you.

GUARDIANSHIP COURT RULES ON NEED FOR CONSERVATOR/GUARDIAN

Kathleen is 61 years old.
She suffers from schizophrenia and lives at a skilled nursing facility. (In Florida guardianship circles, most Palm Beach guardianship lawyers recognize that there are different levels of care which may be offered for Palm Beach seniors and residents who don’t want to live alone: often described in Palm Beach as :
Independent living
Assisted living
An Alzheimer’s or dementia floor
Skilled nursing facility (what in years past has been referred to as a nursing home)
Kathleen suffers from delusions and behavioral problems, including agitation, diabetes, very poor spending decisions, and being confused.
Kathleen was found by a probate court to need a guardian, or what they call in some states other than Florida, a conservator
The probate court appointed a conservator or guardian of her person & her estate (in Palm Beach guardianship cases, we would say that the probate court appointed a guardian of the person & the property )
Like a lot of Palm Beach guardianship cases, this particular GUARDIANSHIP court took away a lot of Kathleen’s rights.
In Palm Beach guardianship cases, guardianship lawyers and probate judges would refer to Kathleen as the “ward”
Kathleen appealed: she said there was not enough evidence and she wants her rights back

KATHLEEN APPEALS — APPEALS COURT REVIEWS GUARDIANSHIP COURT: UPHOLDS CONSERVATOR/GUARDIANSHIP

The appeals court reviewed what the guardianship court did. The appeals court for this guardianship case said there was “substantial evidence” that Kathleen “gravely disabled”. The probate court was even correct to grant the guardian or conservator special powers.

The only right which the appeals court said that Kathleen could exercise was the right to vote.

EVIDENCE AT THE GUARDIANSHIP TRIAL

A psychiatrist testified as an expert in the diagnosis and treatment of mental disorders.
Kathleen had multiple conservatorships: I guess she was the subject of a guardianship for years
The public guardian’s records were used
although he has never been her treating doctor. Kathleen has consistently had delusions she is
Kathleen was not “so sure” about being wealthy.
She reported her disability income had stopped and she had no financial resources.

DOCTOR CONCLUDES KATHLEEN NOT ABLE TO PROVIDE FOR HER OWN NEEDS

The doctor in this guardianship case, concluded that

Kathleen was not able to provide for her own needs of food, clothing, or shelter.
She is easily confused and delusional.
She does not have a good sense of her money, how to spend it, or how to maintain housing.
She has consistently denied any mental illness
She testified she had two trust accounts
She was unsure how much money was in the accounts but was “sure there’s quite a bit”

THINGS TO REMEMBER ABOUT FLORIDA GUARDIANSHIPS

In Palm Beach, guardianship litigation, what Palm Beach guardianship litigators call “contested guardianships”, seem to be on the rise. Adult children and spouses, stepchildren and stepfathers, family members, and even close friends, all may have a say in whether someone needs a guardianship or not. Sometimes a Palm Beach guardianship case is brought when one is not necessary. If a Florida guardianship case is filed in BAD FAITH, the Palm Beach probate court can award attorneys fees and costs. There is a guardianship statute, or guardianship law, in the Florida Probate Code which says that. Someone who files for a guardianship in Florida is often referred to as the “petitioner.” A petitioner of a Florida guardianship has to prove the need for a guardianship, and that the Florida resident is not competent or incapacitated or needs some assistance. Sometimes in Palm Beach guardianships, the need for a guardian is not as always as clear cut as this recent guardianship case which we have just discussed. Dementia & Alzheimers sometimes mask the problem and the need for a guardian. As dementia or Alzheimer’s progresses, it can be challenging for family members to deal with. Of course, if you have a Florida estate plan, you may not need a guardianship because you already made the decisions of who will assist you when the time comes: you may have already appointed a Florida trustee, have a Florida revocable trust, and a Florida power of attorney. In any event, talk to your Palm Beach elder lawyer or Palm Beach estate planning attorney about alternatives to a Florida guardianship. If you are the middle of a Palm Beach guardianship dispute, remember that you will need a litigator at the “hearing”—- which is a trial. Luckily, there are many fine Palm Beach guardianship lawyers who try guardianship cases and go to court.