In Florida, a Guardianship is used to protect the health, welfare, and property of a person who has become mentally incapacitated. The typical case for guardianship in Florida is the unfortunate but common instance of an elderly person with dementia. In guardianship, Florida courts will actually removed some of the rights of the incapacitated person (called a “ward“) and appoint a guardian to act on the ward’s behalf.
Based on a recent appellate decision from Florida’s Fourth District Court of Appeal, “standing” in some Florida guardianship matters has been severely restricted to those people with an immediate and direct interestin the guardianship proceedings. “Standing” is the ability of a party in a legal proceeding to demonstrate to the court that he or she has a sufficient connection to the proceeding, such to support the party’s participation in the case.
In the unfortunate instances when Florida elders become mentally incapacitated, they will often need legal guardians. The rules of Florida Guardianship Law grant guardians a lot of power to act for the persons whom they are appointed to protect (called a “ward”). And, at the same time, these rules alsoremove some of the rights of the elder to act on his or her own behalf.
To appoint a guardian in Florida is a process that can take several weeks. However, there are some situations in which the Florida courts allow a rushed proceeding to appoint guardianship over someone. For instance, if there is evidence that the person’s health, safety, and/or welfare are in danger, then the courts will consider a proceeding called an Emergency Temporary Guardianship proceeding.
The following is a piece of fiction. It is a chapter from a book which I am writing about probate litigation. This chapter of money tales deals with guardianships for adults and how adult children from a prior marriage can sue to get control over their parent and their money, and be at legal odds with a parent’s latest spouse.
Guardianship is not the only means of helping an incapacitated person in the State of Florida. In fact, Florida Guardianship Law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible.
A guardian is an individual or institution (such as a nonprofit corporation or bank trust department) appointed by the court to care for an incapacitated person – called a “ward” in Florida.
Recently we reported on a story published in the Sarasota Herald-Tribune regarding the exploitation of the elderly by the guardians appointed to protect them. (See the story here: http://extra.heraldtribune.com/kindness-strangers/ )
What happens if someone files a guardianship case in Florida and then dismisses it? Is the guardianship really over? What if someone files a guardianship petition in that same action? Florida’s 5th District Court of Appeal dealt with this issue in a November 20, 2014 opinion.
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.