Revocable living trusts in Florida are created both to avoid probate and to keep assets out ofthe hands of aFlorida guardian. The Florida Guardianship Code, however, can allow a guardian to take control of the assets of a Florida revocable trust, thereby eliminating one of the primary purposes of having arevocable trust established.
- In Rene v. Sykes-Kennedy, 5D14-975, 2015 WL 24081 (Fla. 5th DCA 2015), the ward, Liile White, had established a revocable trust.
- White has specified for her granddaughter, Rene, to be appointed trustee of the trust if White was to become incapacitated to the point where she required a Florida Guardian.
- White was ruled incapacitated by a Florida Court in 2013 as a result of senile dementia.
- The Florida guardianship court appointed White’s sister, Sykes-Kennedy, as guardian.
Florida Guardian Law Section 744.441 gives the guardian the authority to exercise any power as trustee that the ward may have had, if the best interest of the ward requires such exercise. In Rene v. Sykes-Kennedy, the guardian argued that she needed to become trustee in order to access the assets of the trust to pay for the ward’s care.
So how can a guardian affect your Florida Trust? If the settlor of the trust is alive, and mentally incapacitated, Florida Guardianship Law requires that the settlor have a guardian to conduct their business and legal matters for them. Palm Beach guardianship attorneys, and Pompano Beach estate administration lawyers know, in certain instances, if the court agrees, this may mean allocating funds from the trust of the settlor to best suit the settlor’s interest.
Find out more on Guardianship in Florida. See http://www.pankauskilawfirm.com/ for videos and information on Guardianship Law, Court-Appointed Guardians, and Power of Attorney.