Second DCA Case: Failed Guardianship Application

Do you have adult relatives or loved ones that may have failing    faculties in their old age? Are you prepared to file for a Palm Beach guardianship to protect them? What happens after you file those petitions in Palm Beach court? Is the Court going to take your word for it that they are incapacitated? Under Florida law they will have to submit to a competency examination. Want to learn more? Check out this recent case out of the Second District of Appeal.

West Palm Beach Guardianship

• Florida Courts have developed doctrines of dependency and rules concerningguardianship to protect minors and incompetent adults.
• What is the first step in obtaining guardianship over a person?
• Obviously it is easier if they are a child, there is already a de facto guardianship going on there but the courts may choose to structure it more formally.
• The first thing you will have to do is file with the Court in good faith.
• What comes next?

Palm Beach Examinations: Determining Competency

• In order to determine competency the Court will order that the person undergo an evaluation.
• What happens when they refuse?
• Assuming that they do not object the Court will have a team of experts investigate to find if a person really is incompetent.

Steiner v. Guardian of Steiner

• It would not be very fair if these proceedings were a sham, and the Courts take them very seriously.
• So a Palm Beach court may not judge you incompetent there may just simply not be enough evidence.
• That is what happened in this recent case out of the Second District Court of Appeal.
• Despite petitions from multiple family members ultimately the court denied the petition.
• Are you prepared to get a court to find that your adult relatives are in need of a guardianship?

Want to learn more?

Check out the entire case by clicking here.