Palm Beach Former Guardian Bankrupts Ward’s Estate: What Can Be Done? July 8, 2015 Case.

Are you concerned about a disabled relative who has a  guardian in West Palm Beach? Do you want to know if the guardian is getting excessive fees for their services? This is a fair question as often it is the guardian him or herself that can set fee schedules and ask the courts for remuneration. Do you think this is fair? Can you seek review of these fees? One thing that can be done is the appointment of a successor trustee. Check out this case out of the Third District Court of Appeals which was filed today July 8, 2015.

West Palm Beach Guardianship

• Guardianship is a form of protection whereby a fiduciary relationship is set up between aguardian and a minor or incapacitated ward.
• The guardian has the right to step into the shoes of the ward and act on their best interest.
• Who oversees that?
• Do you have a right to ask the court to look at guardian’s actions?
• Who is an interested party in such a review?
• Sometimes a court will simply replace a guardian when things get to complicated.
• But what about the damage that has already been done, who is liable?

Pierre v. Guardianship of Brown

• In this sad case a ward had been left property and money and an attorney who was since disbarred embezzled most of it.
• A new guardian was appointed and they set up a trust for the remaining property establishing themselves as trustee.
• A review of the prior dealings showed something even more shocking.
• A majority of the embezzlement was happening right under the court’s nose.
• In fact the court had twice allowed payments of fees to the guardian in excess of 100 thousand dollars!
• What could a guardian possibly be doing that is worth two hundred thousand dollars?
• Your guess is as good as mine.
• The court allowed it though, so now what?
• Unfortunately now most of the ward’s resources have been absorbed and he is going to have to primarily survive on state services.
• Dont let this happen to your family.
• Protect your rights and protect your wealth.

Want to learn more?

Check out the entire case by clicking here.