WEST PALM BEACH, FL Guardianship lawsuit update: are you living in Palm Beach, Florida and concerned about a Florida guardianship of you (your person) and your property? Adult guardianship for Florida residents are common, and the number of probate court-filed guardianship for Palm Beach adults seems to be rising. Guardianship lawsuits by probate litigators Boca Raton, appear to be, likewise, common and increasing. Or…. are you an adult child, perhaps living someone other than in Florida, and you are concerned for the care of your mom or dad living in Boynton Beach? Are you thinking of filing for Palm Beach guardianship? You should read this recent (June 24, 2015) Palm Beach guardianship case which went to Florida’s 4th District Court of Appeal in West Palm Beach.
What do I do if my kids file for my guardianship Palm Beach?
- Guardianship litigation is common in Palm Beach, Florida.
- Adult children, worried about what mom or dad is doing with their inheritance or dad’s money, can try to get power of attorney, or they can file a guardianship in Delray Beach.
- Often times, the adult children want to be in charge of dad’s revocable trust, also called a Florida living trust.
- Many times, the adult children who live out of state are “pitted” “against” mom’s second or third spouse, or dad’s 2nd or 3rd wife, here in Florida.
- What do you do if your kids file a guaridanship lawsuit against you in the probate court Palm Beach Gardens?
Insight into Guardianship Lawsuits, Florida Elder Law Lawyers, Duties & Money
- A very important opinion was just handed down from the Palm Beach Appeals Court (Florida’s 4th District Court of Appeal) regarding legal malpractice claims, Florida guardians and attorneys.
- Here is a link to read this guardianship lawsuit Palm Beach appeal opinion: http://www.4dca.org/opinions/June%202015/06-24-15/4D13-4831.op.pdf
- Specifically, the case of Saadeh, 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 DUTYunder a third party beneficiary theory.
- (It’s important for you to understand under Florida guardian law what an “alleged incapacited person” is–se the Florida Probate Code or Chapter 744 of Florida Law on Guardianships).
- (Under Florida legal malpractice law, a third party beneficiary theory is important to understand if you are suing a Florida estate lawyer for malpractice or “legal negligence.” Specifically, if you are suing a Palm Beach probate lawyer for legal malpractice, you need to understand the “privity exception.”)
- Mind you, this was what the trial court found….NOT the appeals court, the 4th District Court of Appeal. And remember: the trial court was a circuit court, in West Palm Beach, not a probate court Palm Beach.
- The Palm Beach Appellate Court disagreed, reversing the trial court.
Why did the adult kids file for guardianship over their father and his money in Palm Beach Gardens?
- 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 guardianship lawyer Florida .
- A Palm Beach guardian filed an incapacity proceeding, a Palm Beach County 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 guardianship attorneyFlorida for the court appointed guardian–the emergency temporary guardian. E
- vidently Mr. Saadeh was competent, but there was an agreed order which purportedly “settled” the guardianship lawsuit: however, the guardianship proceeding was never closed.
- 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 guardianship lawyer, or Palm Beach probate attorney, should read this opinion, written by Judge Ciklin of Palm Beach’s 4th District Court of Appeal, which rules on guardianship appeals Palm Beach.
Here is a free link to see Florida guardianship videos (short videos), no sign up, no asking for your email, just free guardianship videos to learn about Florida probate and Palm Beach guardianships: http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml
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