Son Can’t Move Incapacitated Father to Texas in Palm Beach Guardianship

A March 12, 2014 Palm Beach guardianship appeal court opinion is a “must read” for any adult child who wants to be involved with his parent’s Palm Beach guardianship.   This Delray Beach guardianship case also demonstrates the limitations of the Florida Probate Code and the statutes which make up Florida guardianship law, including Chapter 744 of the Florida Probate Code.   This opinion may be a startling wake up call to children who delay or don’t get involved the guardianship of their parents.   Can you move your father out of the State of Florida ?   Not if he is incapacitated and you are not the guardian.   So says the appeals court of a Palm Beach guardianship case here in Palm Beach County, Florida.   The 4^th District Court of Appeal hears appeals of Palm Beach guardianship cases. This Palm Beach appeals court also hears all Palm Beach probate appeals as well as Broward County, Florida probate matters and Stuart, Florida probate cases. This Palm Beach guardianship case was started in 2011 in Palm Beach County, Florida and was in the Delray Beach Courthouse.   The son of a Palm Beach man who is incapacitated and who had a Palm Beach guardian wanted to move his father out of Florida and to Texas. The Delray Beach probate court ruled that the son did not have standing in the Palm Beach guardianship to even ask for a change of residence. Only the Palm Beach guardian had the power to change the residence.  The Delray Beach probate judge declared that the man, a Palm Beach County resident, was incapacitated and he could not exercise his rights, including the right to determine where he lives. The Palm Beach guardianship court said that while the son may have had standing to object to a request by the Palm Beach guardian to move the father from Florida, the son did not have legal standing in the Delray Beach guardianship case to initiate a move.  The guardianship opinion also suggested how the son may be involved in the guardianship or how the son could try to move the father to Texas.