Guardians are appointed to care for people who cannot take care of themselves. The person a guardianprotects is called that guardian’s ward.
Duties of a Guardian in Florida:
- Guardians have a duty to act in their wards’ best interests.
- They have no duty to respect their wards’ wishes.
- They have complete control over their wards’ finances, property, and care.
- For example, guardians are responsible for paying their wards’ bills, making their wards’ living arrangements, and overseeing their wards’ medical treatment.
But what is the legal role of a guardian in Florida when it comes to the Ward’s trust? Can a guardian modify a Florida trust as he or she sees fit? West Palm Beach Probate Litigation attorneys have dealt with questions like this on many occasions.
Today, the Fifth DCA of Florida released an opinion related to the guardian’s ability to modify arevocable Florida trust:
- Lisa Rene appealed an order in a guardianship proceeding authorizing Janie Sykes-Kennedy, the court-appointed guardian for Lillie S. White, to amend White’s 2006 revocable Florida trust.
- Sykes-Kennedy wanted to appoint herself as trustee of White’s revocable trust.
- The original trust document had provided for Rene, White’s granddaughter, to become trustee in the event White became incapacitated.
- Rene v. Sykes-Kennedy, No. CASE NO.5D14-975, 2015 WL 24081 (Fla. Dist. Ct. App. Jan. 2, 2015):
What’s the best way to prevent this type of confusing legal battle? Predict, prepare, and prevent. Add details to your estate planning documents so that other parties will understand your wishes exactly.
Have you had experience dealing with guardians and modification of trusts in Florida? If so, leave a comment down below!
See http://www.pankauskilawfirm.com/l for videos and information on Florida Guardians, Trusts, Trust Planning, and Trust Administration in Florida.