WEST PALM BEACH, FL — A very important opinion was just handed down from the Palm Beach Appeals Court (Florida’s4th District Court of Appeal) regarding legal malpractice claims, Florida guardiansand attorneys.
Was there really an emergency temporary guardianship needed?
- Specifically, the case of Saadeh v. Connors et al , No. 4D13-4831, June 24, 2015, dealt with a Palm Beach legal malpractice case which saw the trial judge enter summary judgment in favor of the attorney.
- This summary judgment ruling was appealed to Florida’s 4th District Court of Appeal, which reversed.
- The trial court found, as a matter of law, that an attorney representing a Palm Beach probate court-appointed guardian owed the alleged incapacitated person NO DUTY under a third party beneficiary theory.
- The Palm Beach Appellate Court disagreed, reversing the trial court.
Why was the Palm Beach guardianship settled if the man was competent?
- Evidently Mr. Saadeh is a wealthy man who lost his wife, but met a younger woman, to whom he loaned money.
- This alarmed Mr. Saadeh’s adult chidren, who hired a lawyer.
- A Palm Beach guardian filed an incapacity proceeding, a guardianship petition, which referenced dementia and Alzheimer’s.
- The probate court appointed a guardian after a hearing, evidently based on an “emergency.”
- The attorney who the adult children contacted became the attorney for the court appointed guardian–the emergency temporary guardian.
- Evidently Mr. Saadeh was competent, but there was an agreed order which purportedly “settled” the matter: however, the guardianship proceeding was never closed.
Why was a Florida trust created if he was competent and he did not need a guardian?
- Of greater interest, perhaps, was that Mr. Saadeh would, as part of an order to settlethe Palm Beach guardianship,create or sign a Florida trust. ……
- Mr. Saadeh then sought an order from the trial court setting aside the creation of that trust.
- In 2010, Mr. Saadeh sued a lot of people regarding the guardianship proceeding, including the guardian’s attorney, the guardian and Mr. Saadeh’s court appointed attorney.
- Any Florida guaridanship lawyer, or Palm Beach probate attorney, should read this opinion, written by Judge Ciklin.
Here is a link to read this June 24, 2015 4th DCA opinion on Florida guardianship, legal malpractice, and duties of Palm Beach attorneys:http://www.4dca.org/opinions/June%202015/06-24-15/4D13-4831.op.pdf