Is a Palm Beach relative subject to a guardianship in Palm Beach Court? Has their attorney signed confidentiality stipulations that they later violated? You may be entitled to pursue sanctions do you know how? You will probably have to prove bad faith but do you know what constitutes bad faith in West Palm Beach? Check out this interesting case out of the Third District Court of Appeal.
Guardianship
- When a minor or incapacitated adult can no longer take care of himself or herself a West Palm Beach guardianship may be appropriate.
- Do you know how to file a petition to request guardianship?
- They will then be appointed a guardian at litem.
- Do you know what that is?
- Do you know the guardian’s duties?
- Besides those allotted by the Florida Statutes you cans also place other burdens on the guardian via agreement.
- For example, confidentiality.
Confidentiality
- What happens when a ward has various confidential records?
- These do not need to only include medical records.
- Financial records may also be inappropriate to disclose.
- In this instance experienced West Palm Beach probate litigators know that a stipulation of confidentiality or a non disclosure agreement filed with the Court may be appropriate to protect the ward.
- So what happens when one of these is breached?
- Can you get money damages?
Goldman et. Al. v. Lewin
- In this case out of the Third District Court of Appeal several appellants challenged fees assessed to them as sanctions.
- A guardian at litem had accidentally disclosed files to an attorney that were confidential, and the attorney used them to subpoena tons of records and files.
- The court found sanctions inappropriate where there was no bad faith.
- Do you agree?
- What about the damage to the person’s files and life that occurred as a result of this breach?
Want to learn more?
Check out the entire case by clicking here.