PALM BEACH GUARDIANSHIP LITIGATION : RECENT CASE ON JOINT BANK ACCOUNTS & EXPENSES OF GUARDIANSHIP

Can a Palm Beach joint bank account with a right of survivorship be used to pay for a person’s Palm Beach guardianship expenses ?  Yes.   EVEN if the joint tenant or joint owner objects ?  Yes.   But what if one of the joint bank account owners dies ?  ——  doesn’t the account belong to the survivor ?     Yes……BUT, the money in the joint account may still be used to pay for guardianship expenses    of the account owner incurred before he  or she  died.

In a   recent Palm Beach guardianship case   which made its way to the 4th District Court of Appeal,  the West Palm Beach appeals court issued an    important   legal   opinion   on   Florida  guardianship   law.   The 4th  District Court of Appeal hears appeals of Palm Beach guardianship cases as well as Palm Beach probate cases and Ft. Lauderdale probate cases.

Anyone involved in a Palm Beach guardianship, or a guardianship in Martin County, Florida, or Broward County, Florida    should read this recent Florida guardianship opinion.  

You should DEFINITELY read this   recent Florida guardianship   opinion if you are involved in :

1. a Palm Beach    guardianship proceeding    where someone may be incompetent or incapacitated
2. a   contested    Palm Beach guardianship (i.e. a Palm Beach guardianship lawsuit or trial where people are not in agreement )
3. involving    husbands & wives    who may not get along or who may divorce — while the guardianship is going on
4. a    joint account   with a right of survivorship (JTROS) — a so called “joint account” or “will substitute”
5. there is a disagreement over the    payment of guardianship fees, guardianship expenses and guardian lawyers (and legal bills)
6. there is a disagreement over   what assets or funds may be used to pay Palm Beach guardianship expenses

HIGHLIGHTS OF PALM BEACH GUARDIANSHIP CASE

• Guardianship courts are courts of equity
• Guardianship courts should attempt to do what’s fair and right
• Guardianship courts should look out for    &    protect the person who needs the guardianship and his or her property
• Joint owners’ interest in a    joint bank account   is limited to their contribution
• A Joint Account may be used to pay for  PALM BEACH guardianship expenses even     after the death   of the person who was the subject of the guardianship
• A Joint Account may be used to pay guardianship lawyers even when the joint tenant objects
• Guardianship courts have great discretion & authority to fashion a remedy to help and protect the person who is the subject of the guardianship.