Estate Planning

Family Member Disqualified as Guardian Because ofr Conduct

By David M. Goldman

Major v. Rowe, 965 So. 2d 847 (Fla. 2nd DCA September 28, 2007)

Appointment of a professional non-family Florida Guardian is appropriate even though a family member is willing to serve as a Florida Guardian for the ward. The court noted that "family members, if otherwise qualified, are generally entitled to preference in appointment as guardian over strangers, [but] that preference can be overcome if they, intentionally or unintentionally, engage in conduct detrimental to a ward?s best interests. Moreover, even when a family member has acted with the best interests of the ward in mind, there may well be instances where it would not be an abuse of discretion for the Florida Probate court to nevertheless appoint a non-family member guardian."

Full post as published by Florida Estate Planning Lawyer Blog on March 21, 2008 (boomark / email).