CopyCited 41 times | Published | Florida 4th District Court of Appeal | 2005 WL 1226070
...e. [4] See §
744.3031(1) Fla. Stat. (2004) ("The subject of the proceeding or any adult interested in the welfare of that person may apply to the court in which the proceeding is pending for the emergency appointment of a temporary guardian."); and §
744.312(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 1124, 2009 WL 321586
...iary. (4) If the person designated is qualified to serve pursuant to s.
744.309, the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward. §
744.312, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...he proposed guardian should be appointed. (b) Considerations in Appointment. The court may appoint any person who is fit and proper and qualified to serve pursuant to F.S.
744.309 and who meets the court's considerations in appointment pursuant to F.S.
744.312....
...e notice of the hearing thereon shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as section
744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section
744.312, Florida Statutes, by reference....
...1991 Revision: Implements 1989 amendments to sections
744.334 and
744.331(1), Florida Statutes, and 1990 technical amendments. Subdivision (c)(1) deleted because FPR 5.555(d) addresses service on parents. Statutory References §
744.309, Fla. Stat. Who may be appointed guardian of a resident ward. §
744.312, Fla....
...Rule References FPR 5.020 Pleadings; verification; motions. FPR 5.040 Notice. FPR 5.550 Petition to determine incapacity. RULE 5.590. APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT The application for appointment as guardian pursuant to F.S. 744.3125 shall be filed before the court issues letters of guardianship....
...No application for appointment or disclosure statement shall be required of a public guardian. Committee Notes Rule History 1988 Revision: Prior rule deleted; text of rule moved to FPR 5.650. 1989 Revision: Rule reactivated with different title and text. 1991 Revision: Implements 1989 and 1990 amendments to section
744.3125, Florida Statutes. Statutory References §
744.309, Fla. Stat. Who may be appointed guardian of a resident ward. §
744.3125, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2001 WL 929993
...He alleges that the trial court erred in denying his petition for appointment as his mother's guardian and granting the competing petition of Mrs. Smith, a professional guardian. Having reviewed the record carefully, we find no abuse of discretion by the trial court in its application of section 744.312, Florida Statutes (2000). [1] *1197 "While the next of kin are given first consideration by section 744.312(2)(a), the statute does not mandatorily require that such an appointment be made....
...The court's ruling on discretionary matters will be sustained unless no reasonable person would take the view adopted by the court. Quince v. State,
732 So.2d 1059, 1062 (Fla.1999). We also find no merit in the remaining points on appeal. AFFIRMED. SHARP, W., and PLEUS, JJ., concur. NOTES [1] Section
744.312 provides:
744.312.Considerations in appointment of guardian (1) Subject to the provisions of subsection (4), the court may appoint any person who is fit and proper and qualified to act as guardian, whether related to the ward or not....
...iary. (4) If the person designated is qualified to serve pursuant to s.
744.309, the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward. §
744.312, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2005 WL 3499495
...Beverly Wilson, and, instead, appointing their daughter, Bambi Robinson, to serve as Mrs. Wilson's guardian. We find no abuse of the trial court's discretion and affirm. The parties agree that Mrs. Wilson is incapacitated due to Alzheimer's disease. Section 744.312(2) and (3), Florida Statutes (2004), sets forth preferences and factors that the court should consider in determining an appropriate guardian and provide, in pertinent part: (2) The court shall give preference to the appointment of a...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2811591
...er their petition for guardianship, even though that petition was filed fifty-five days after the final hearing held to determine their mother's incapacity and guardianship and ten days after the Magistrate issued his Report and Recommendation. *849 Section 744.312(1), Florida Statutes (2006), styled "Considerations in appointment of guardian," provides that "the court may appoint any person[ [3] ] who is fit and proper and qualified to act as guardian, whether related to the ward or not. " (Emphasis added.) Section 744.312(2) adds: The court shall give preference to the appointment of a person who: (a) Is related by blood or marriage to the ward; (b) Has educational, professional, or business experience relevant to the nature of the services sought to b...
...ancial resources involved; or (d) Has the ability to meet the requirements of the law and the unique needs of the individual case. (Emphasis added.) While the wishes of the ward shall be considered in appointing a guardian, they are not controlling. § 744.312(3)(a); Ahlman v....
...In Treloar, as in this case, the probate court appointed a professional guardian of the person and property.
791 So.2d at 1196. On appeal, the ward's son argued that the trial court erred in denying his petition for appointment as guardian. Id. The appellate court rejected the son's argument, holding that while section
744.312(2)(a) gave the next of kin first consideration, it did not mandate that a next of kin be appointed guardian....
...e appointed guardians. See In re Guardianship of R.N.B.,
429 So.2d 796, 797 (Fla. 4th DCA 1983) ("Indeed, the statute provides that the court may appoint any person `who is qualified to act as guardian, whether related to the ward or not.'" (quoting section
744.312(1), Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
...If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as section
744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section
744.312, Florida Statutes, by reference....
...ted person. Adds provision to subdivision (b) for notice before hearing when petition is not served simultaneously with petition to determine incapacity. Statutory References
744.309, Fla.Stat. Who may be appointed guardian of a resident ward.
744.312, Fla.Stat....
...No application for appointment or disclosure statement shall be required of a public guardian. Committee Notes Rule History 1988 Revision: Prior rule deleted; text of rule moved to rule 5.650. 1989 Revision: Rule reactivated with different title and text. 1991 Revision: Implements 1989 and 1990 amendments to section 744.3125, Florida Statutes....
...Adds statutory references. Statutory References
733.305(1), Fla.Stat. Trust companies and other corporations and associations. 744-102(3), (13), Fla.Stat. Definitions.
744.309, Fla.Stat. Who may be appointed guardian of a resident ward.
744.3125, Fla.Stat....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 1505082
...The guardian responds that her appointment as limited guardian will end with Mrs. Poteat's death, prior to her being appointed personal representative and that the adjudication of partial incapacity revokes her power of attorney. § 709.08(3)(b), Fla. Stat. The guardian also notes that she was the most qualified person under section 744.312, Florida Statutes, which sets forth factors which the court should consider when appointing a guardian. Section 744.312(2) provides in part: (2) The court shall give preference to the appointment of a person who: a....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2007 WL 1201892
...ence presented but found the rebuttable presumption of the appointment of the designated preneed guardian had been overcome. In conjunction with finding the rebuttable presumption had been overcome, the trial court also considered the application of section 744.312(4), Florida Statutes (2005), which provides: If the person designated is qualified to serve pursuant to s....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 3966, 2015 WL 1238445
...4th DCA 2013). Meanwhile, in the trial court, appellant also filed a response opposing Cramer’s petition for plenary guardianship. She gave four reasons for opposing the appointment of Cramer as plenary guardian. First, the court was required, under section
744.312(3)(a) and (c), Florida Statutes (2012), to consider the wishes of the ward in determining whom to appoint as guardian, and the ward had indicated she should be so appointed in his designation of health care surrogate, living will, and durable power-of-attorney. Second, the ward’s designation of her as his preneed guardian gave rise to a rebuttable presumption that she was entitled to the appointment under sections
744.102(16),
744.312(4), and
744.3045(4), Florida Statutes (2012). Third, the court should give preference to her as the ward’s wife, under section
744.312(2)(a), Florida Statutes (2012)....
...tatutes (2012), because appellant had “moved the Ward multiple times and does not communicate properly with the Ward’s caregivers and other interested persons.” The court declined to give preference to appellant as *398 the ward’s wife under section 744.312(2)(a) because she “and the Ward failed to seek court authority for their marriage as required by Order dated November 8, 2010, and ......
...rve as a guardian, such as age, residency or relation to ward, as well as those matters which would disqualify a person from being a guardian, such as commission of a felony. Pursuant to those provisions appellant is qualified to serve. In addition, section 744.312(4), Florida Statutes (2012), provides, “If the person designated is qualified to serve pursuant to s....
...1st DCA 2014). In Koshenina , the trial court appointed the ward’s siblings as co-guardians, contrary to the ward’s preneed designation of her husband. Id. at 278-80 . The First District found the trial court improperly applied the presumption in section 744.312(4), because the trial court only found that appointment of the siblings was “in the best interest of the [ward].” Id....
...finding that appointing [the husband] was “contrary to the best interests of’ his wife.... Instead, the trial court made an independent determination of what it believed was in [the ward’s] best interest. *399 [[Image here]] [T]he standard in section 744.312(4) is best understood as creating a hurdle to show that specific actions/inaetions of the designee are sufficiently egregious as to be “contrary to” the “best interests” of the ward thereby ......
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...She claims error in an order which denied her petition for appointment as Mrs. Quindt's guardian and granted the competing petition of a neighbor of the ward, Marguerite Larsen. We find, however, that the court did not abuse its discretion in making the appointment under the controlling terms of Section 744.312, Florida Statutes (1979). [1] *1218 While the next of kin are given first consideration by Section 744.312(2)(a), the statute does not mandatorily require that such an appointment be made....
...d ... whether related to the ward or not." The record in this case provides ample justification including Mrs. Quindt's personal enmity towards her daughter, her expressed wishes "as to who shall be appointed," which must be considered under Sec. 744.312(3)(a), and Ms....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1997 WL 537376
...ication of incompetence is rendered. See Baskin v. Sherburne,
520 So.2d 103 (Fla. 2d DCA 1988). The resolution of the question in such finite terms is entirely unnecessary. Even before the 1989 adoption of the legislative policy referred to earlier, section
744.312(3)(a) of the Florida Guardianship Law required the court to "consider the wishes expressed by the incompetent as to who shall be appointed guardian." Hence, it appears that the trial court, incorrectly, was more interested in placatin...
CopyPublished | Supreme Court of Florida
...§
744.2002, Fla. Stat. Professional guardian registration.
§
744.3045, Fla. Stat. Preneed guardian.
§
744.309, Fla. Stat. Who may be appointed guardian of a resident ward.
§
744.3115, Fla. Stat. Advance directives for health care.
§
744.312, Fla....
CopyPublished | Supreme Court of Florida | 1989 WL 139493
...proposed guardian should be appointed. (b) Considerations in appointment. The court may appoint any person who is fit and proper and qualified to serve pursuant to F.S.
744.309 and who meets the court’s considerations in appointment pursuant to F.S.
744.312....
...g the petition for the appointment since petition for appointment will henceforth be filed contemporaneously with the petition to determine incapacity. RULE 5.590' APPLICATION FOR APPOINTMENT The application for appointment as guardian pursuant to F.S. 744.3125 shall be filed before the court issues letters of guardianship....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...(3)If the petitioner requests appointment of the public guardian, a copy of the petition and notice of the hearing thereon shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as F.S.
744.334, expanded to include provisions of F.S. 744.302 and F.S.
744.312 by reference....
...1984 Revision: Combines FPR 5.560 and part of prior FPR 5.570. Editorial changes and committee notes revised. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
744.309 Who may be appointed guardian of a resident incompetent. F.S.
744.312 Considerations in appointment of guardian....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...(3) If the petitioner requests appointment of the public guardian, a copy of the petition and notice of the hearing thereon shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as F.S.
744.334, expanded to include provisions of F.S. 744.302 and F.S.
744.312 by reference....
...1984 Revision: Combines FPR 5.560 and part of prior FPR 5.570. Editorial changes and committee notes revised. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
744.309 Who may be appointed guardian of a resident incompetent. F.S.
744.312 Considerations in appointment of guardian....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as section
744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section
744.312, Florida Statutes, by reference....
...neously with petition to determine incapacity. 2000 Revision: Deletes requirement in subdivision (a) to report social security number of proposed guardian. Statutory References §
744.309, Fla. Stat. Who may be appointed guardian of a resident ward. §
744.312, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as section
744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section
744.312, Florida Statutes, by reference....
...nical amendments. Subdivision (c)(1) deleted because FPRrule 5.555(d) addresses service on parents. 1992 Revision: Citation form changes in committee notes. Statutory References §
744.309, Fla.Stat. Who may be appointed guardian of a resident ward. §
744.312, Fla.Stat....
...No application for appointment or disclosure statement shall be required of a public guardian. Committee Notes Rule History 1988 Revision: Prior rule deleted; text of rule moved to FPRruIe 5.650. 1989 Revision: Rule reactivated with different title and text. 1991 Revision: Implements 1989 and 1990 amendments to section
744.3125, Florida Statutes. 1992 Revision: Citation form change in committee notes. Statutory References §
744.309, Fla.Stat. Who may be appointed guardian of a resident ward. §
744.3125, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...If a parent of the minor is the petitioner or proposed guardian, a copy of the petition and notice of the hearing thereon shall be served on the minor’s other parent, if living. Committee Notes Rule History 1975 Revision: Substantially the same as FGL
744.334, expanded to include provisions of FGL 744.302 and FGL
744.312 by reference....
...1980 Revision: Implements 1979 amendment to FGL
744.334. 1984 Revision: Combines Fla.R.P. & G.P. 5.560 and part of prior Fla.R.P. & G.P. 5.570. Editorial changes and committee notes revised. Statutory References F.S.
744.309 Who may be appointed guardian of a resident incompetent. F.S.
744.312 Considerations in appointment of guardian....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 7864, 2006 WL 1359378
...Harrell alleges that the trial court erred by denying her petition to be appointed as her sister’s guardian and granting the competing petition of Ms. Hahn, the incapacitated person’s daughter. Having reviewed the record carefully, we find no abuse of discretion by the trial court in its application of section 744.312, Florida Statutes (2004)....
CopyPublished | Florida 2nd District Court of Appeal
...the trial court to be Wayne's guardian.
Donna is a convicted felon. See §
744.309(3), Fla. Stat. (2020) ("No
person who has been convicted of a felony . . . shall be appointed to act
as guardian."). Nonetheless, the trial court believed that it had discretion
under section
744.312 to appoint her as guardian....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5821, 1992 WL 118343
...d beyond the disability or life of the ward in connection with estate, gift, income, or other tax planning or in connection with estate planning. (20) Renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer. . § 744.312(3)(a), Fla.Stat....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as section
744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section
744.312, Florida Statutes, by reference....
...acity. 2000 Revision: Deletes requirement in subdivision (a) to report social security number of proposed guardian. 2003 Revision: Committee notes revised. Statutory References §
744.309, Fla. Stat. Who may be appointed guardian of a resident ward. §
744.312, Fla....
...No application for appointment or disclosure statement shall be required of a public guardian. Committee Notes Rule History 1988 Revision: Prior rule deleted; text of rule moved to rule 5.650. 1989 Revision: Rule reactivated with different title and text. 1991 Revision: Implements 1989 and 1990 amendments to section 744.3125, Florida Statutes....
...2003 Revision: Committee notes revised. Statutory References §
733.305(-l-X-Fla. StaL Trust-companies and other corporations — and associations. §
744.102(3), (13), Fla. Stat. Definitions. §
744.309, Fla. Stat. Who may be appointed guardian of a resident ward. §
744.3125, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 304889, 2014 Fla. App. LEXIS 1363
...uardian.” Id. Furthermore, if the person designated is qualified to serve ..., the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward. § 744.312(4), Fla....
...ian, was entitled to serve as guardian was overcome with trial court finding that appointment was contrary to ward’s best interest.) Instead, the trial court made an independent determination of what it believed was in Linda’s best interest. Had section 744.312(4) been written to say that trial courts could simply apply a generalized “best interest” analysis— without consideration of whether the appointment of the preneed guardian “is contrary to the best interests of the ward”— the trial court’s analysis would be appropriate....
...ent of the ward’s chosen guardian sufficiently “contrary” to her best interests that the court should disregard the ward’s choice and appoint someone else? Admittedly, little judicial analysis exists on how the statutory standard at issue in section 744.312(4) (i.e., “is contrary to the best interests”) contrasts with a generalized “best interest” approach....
...home again; instead, her hygienic and medical care was to be provided by the facility, not by James. Accordingly, given the inherent flexibility of and lack of definitive caselaw on what constitutes a ward’s “best interest,” 5 the standard in section 744.312(4) is best understood as creating a hurdle to show that *283 specific actions/inactions of the designee are sufficiently egregious as to be “contrary to” the “best interests” of the ward thereby justifying a change in the stat...
...e appointed). General examples exist, though not in this specific context. 6 Should the trial court on remand determine that Linda was competent when executing the Designation, and that James is her presumptive preneed guardian, the plain reading of section 744.312(4) requires an approach that gives greater deference to Linda’s designation and requires a showing that — based on Linda’s expected residence in a total care facility — her husband should not serve as her preneed guardian beca...
CopyPublished | Florida 4th District Court of Appeal
...plain language, limited recovery of fees to guardians. In contrast, section
3
Appellant argues that the trial court has discretion in the appointment
of guardian advocates. In support, appellant relies on section
744.312(3)(e), which states that in considering appointment of a guardian,
a court shall “[i]nquire into and consider potential disqualifications under
s.
744.309 . . . .” The court in Beckford rejected this very same argument,
stating that under section
744.312, “a court is required to determine
whether potentially disqualifying factors, such as a felony conviction, do
in fact exist....
CopyPublished | Supreme Court of Florida
Stat. Advance directives for health care. §
744.312, Fla. Stat. Considerations in appointment of guardian
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...requirements of section 744.1083, Florida Statutes. (b)-(c) [No Change] Committee Notes Rule History 1975 Revision: Substantially the same as section
744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section
744.312, Florida Statutes, by reference....
...Subdivision (a)(10) added to implement section 744.1083, Florida Statutes. Committee notes revised. Statutory References § 744.1083, Fla. Stat. Professional guardian registration. §
744.309, Fla. Stat. Who may be appointed guardian of a resident ward. §
744.312, Fla....
...APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING (a)-(d) [No Change] Committee Notes Rule History 1988 Revision: Prior rule deleted; text of rule moved to rule 5.650. 1989 Revision: Rule reactivated with different title and text. 1991 Revision: Implements 1989 and 1990 amendments to section 744.3125, Florida Statutes....
...Adds statutory references. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References §
744.102(34), (4314), Fla. Stat. Definitions. §
744.309, Fla. Stat. Who may be appointed guardian of a resident ward. §
744.3125, Fla....
CopyPublished | Supreme Court of Florida
...Office of public guardian; appointment, notification.
§
744.3085, Fla. Stat. Guardian advocates.
§
744.309, Fla. Stat. Who may be appointed guardian of a resident ward.
§
744.3115, Fla. Stat. Advance directives for health care.
§
744.312, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...We will reverse only where "no
reasonable person would take the view adopted by the trial court." See
id. (quoting Wilson v. Robinson,
917 So. 2d 312 (Fla. 5th DCA 2005)).
The trial court "may appoint any person who is fit and proper and
qualified to act as guardian." §
744.312(2), Fla....
...t to be provided;
(c) Has the capacity to manage the financial resources
involved; or
12
(d) Has the ability to meet the requirements of the law and the
unique needs of the individual case.
§ 744.312(2)....
.......
(d) Consider the wishes of the ward's next of kin, when the
ward cannot express a preference.
(e) Inquire into and consider potential disqualifications under
s.
744.309 and potential conflicts of interest under s.
744.446.
§
744.312(3)....
CopyPublished | Florida 2nd District Court of Appeal
...Because we find that the trial court appropriately waived the limitations
restricting a previously serving emergency temporary guardian from serving as a
permanent guardian and appropriately gave weight to Mr. Jones' wishes that Ms. Zebny
remain as plenary guardian pursuant to section 744.312, Florida Statutes (2016), we
affirm.
By way of background, the underlying petition to determine incapacity and
appointment of an emergency temporary guardian arose because Mr....
...Zebny developed a positive rapport with Mr. Jones,
using her knowledge and training to his benefit. Mr. Jones had no next of kin and
expressed his request that Ms. Zebny "stay on" as his permanent guardian.
Mr. Lyublanovits argues that section 744.312 prohibits the appointment of
Ms....
...He also argues that
1Wenote that Mr. Lyublanovits testified that he was a friend of Mr. Jones
and had known him for over thirty years.
-2-
because she has no "special talent or specific prior experience" as required by section
744.312, it was error for the trial court to have appointed her....
...justification" and "founded on substantial competent evidence." Id. (quoting In re
Guardianship of Sitter,
779 So. 2d 346, 348 (Fla. 2d DCA 2000)); see also Morris v.
Knight,
1 So. 3d 1236, 1238 (Fla. 4th DCA 2009) (same).
Generally, section
744.312 provides that a trial court may appoint "any
person who is fit and proper and qualified to act as guardian." §
744.312(2). It also
provides that the court shall consider, among other things, "the wishes expressed by an
incapacitated person as to who shall be appointed guardian." §
744.312(3)(a). This
statute, however, also places some "limitations" on the trial court's ability to appoint a
guardian. See §
744.312(4)(b). Specifically, section
744.312(4)(b) provides as follows:
An emergency temporary guardian who is a professional
guardian may not be appointed as the permanent guardian
of a ward unless one of the next of kin of the alleged...
.... as the permanent
-3-
guardian" to situations where either the alleged incapacitated person's next of kin or the
ward "requests that the professional guardian be appointed as permanent guardian." §
744.312(4)(b)....
...And in the event that the guardianship justly calls for the appointment of a
professional guardian with special talent or specific prior experience, the trial court
"must make specific findings of fact that justify waiving the limitations of this paragraph."
§ 744.312(4)(b).
In this case, the trial court, after conducting an evidentiary hearing,
provided a detailed order setting forth its specific findings of fact in support of waiving
the limitations of section 744.312(4)(b)....
...As a result, we cannot conclude based on the record before us that the trial
court abused its discretion in finding that Mr. Jones' guardianship demanded the
appointment of Ms. Zebny.2
Furthermore, the trial court found, as contemplated by section
744.312(3)(a), that Mr....
...Jones as its decision was supported by competent substantial evidence.
Affirmed.
LaROSE, C.J., and ROTHSTEIN-YOUAKIM, J., Concur.
2We reject Mr. Lyublanovits' argument that the trial court erred in
disregarding the term "demand" in its application of section 744.312(4)(b)....
...The record
shows that while the trial court recognized at the evidentiary hearing that it was
"arguabl[e]" as to whether Mr. Jones' situation "demand[ed]" Ms. Zebny's appointment,
the trial court ultimately found in its written order that it "was appropriate to waive the
limitations of [section] 744.312(4)(b)." We further note that at the evidentiary hearing,
the trial court stated that "my interpretation of the word 'demand' contemplates my
findings ....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19290
appointment under the controlling terms of Section
744.312, Florida Statutes (1979).1 *1218While the next
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19520
infant son of two deceased parents. Pursuant to Section
744.312, Florida Statutes (1981), the trial court was
