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Orlando Guardianships & the Right to Marry

Uncategorized Apr 14, 2019

If someone is the subject of a guardianship in Orlando, can they get married? Can a Ward get married? Is the right to marry taken away if you are deemed incompetent by a probate court?  Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?

Florida Statute 744.3215 and Marriage

This statute outlines the rights a person determined incapacitated retains and which rights can be removed. Florida guardianship lawyers know that subsection (2)(a) of this statute provides:

(2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right:

(a) To marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval.