Are you worried that your incapacitated father will marry his girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Florida? How can the right to marry be taken away?
Florida Guardianships and Loss of Rights
- Florida guardianship litigation seems to be exploding,
- Therefore, guardianship matters have become a very important part of our probate practice in West Palm Beach.
- Guardianship matters are taken very seriously by Florida probate courts, as we are talking about removing people’s rights.
- Probate Statute 744.3215 lists the rights of a person determined to be incapacitated.
- Is there any way to avoid a guardianship and having my rights taken from me?
- Florida guardianship and estate planning lawyers know that, with the help of a trusted estate planning attorney, you may be able to draft around a guardianship and properly avoid a guardianship.
Smith v. Smith
- This was a March 2, 2016 opinion from the Fourth District Court of Appeal.
- This guardianship case dealt with a marriage between a person and a Ward.
- Here, a gentleman was declared to be incompetent or incapacitated.
- Court appointed counsel was appointed to represent him, and rights were taken away from him.
- In Florida, if someone is found to be incapacitated or incompetent, a probate court judge will determine what rights should be removed from a Ward and what rights a Ward may retain.
- Here, the Ward’s right to contract was “subject to court approval.”
- Therefore, the court removed his right to marry, which is very common in a Florida guardianship setting.
- The Ward and the appellant married without the court’s consent, and the guardian of the Ward petitioned to annul the marriage.
- The guardian was successful in his petition and the marriage was annulled.
- Click here to read the entire case.