1-561-514-0900 FREE CONSULTATION

Who gets to see the guardian reports & who is an “interested” person in Palm Beach Guardianships? (November 26, 2014 Palm Beach guardianship case)

Uncategorized Dec 8, 2014
post about Who gets to see the guardian reports & who is an “interested” person in Palm Beach Guardianships? (November 26, 2014 Palm Beach guardianship case)

If you want to be involved in a Palm Beach guardianship case, you have to be  an “interested person” under Florida Guardianship Law.  A recent case from a Palm Beach guardianship issued on November 26, 2014 by Palm Beach’s 4th District Court of Appeal in Florida is a must read.

Palm Beach Guardianship Litigation: who gets to see the accountings & reports?

  • Do you want to see a Palm Beach guardianship report or accounting but the Palm Beach probate judge won’t let you?  Read on .
  • In Florida guardianship law, as any guardianship litigation law firm West Palm Beachwill tell you, to participate in the guardianship you must be an interested person.
  • In other words, you can’t just walk in to the Probate Court in Palm Beach Gardens and start being involved in a guardianship
  • Who gets to see Florida guardianship reports and accountings?
  • You have to be an “interested person
  • Any guardianship lawyer Jupiter, Florida will tell you that that legal term can be very broad. In fact there is a famous Florida Supreme Court case on “interested persons” in Florida guardianships which most guardianship lawyers Palm Beach County often recite, or cite
  • Remember: a guardian in Florida has to file reports and accountings and a plan onhow the guardian Palm Beach will take care of the person and the property entrusted to them: the so called “Ward
  • Who gets to see those Florida guardianship reports from the guardian is up to the probate judge—or the Florida appeals court for the guardianship cases
  • Probate judges in Palm Beach County hear guardianship cases
  • The probate courts are located in Palm Beach Gardens, West Palm Beach and Delray Beach, Florida

Who Is An Interested Person in Palm Beach Guardianships?

This case suggests that:

  1. Whether someone is interested in a guardianship, or the property of the Ward, will be determined on a case by case basis in the sound discretion of the probate court or the guardianship court in Palm Beach
  2. There is no bright line rule on who is an interested person in a Palm Beach Guardianship:  mothers and fathers, you don’t necessarily get to be an interested person, even regarding your adult son who is the subject of the guardianship
  3. The probate court will draw a distinction between being “interested” or an interested person for the personal matters of the Ward, versus, the estate planning, finances, money and “property” of the Ward
  4. If you have no financial obligations for the Ward or to the person who is the subject of the Palm Beach guardianship, this probate court appeal about a Palm Beach guardianship suggests that you don’t get to see the guardianship accountings or reports
  • 1) who is an interested person will be determined on a case by case basis

If you want to read more about who is an interested person in Palm Beach Guardianships,here is the free link to read this legal opinion from the Palm Beach appeals court : http://www.4dca.org/opinions/Nov.%202014/11-26-14/4D13-1440.op.pdf

If you want to see short Florida guardianship videos, check out this link:http://www.pankauskilawfirm.com