GUARDIANSHIP: TRIAL COURT ABUSED ITS DISCRETION BY FAILING TO HONOR THE WARD’S CHOICE OF GUARDIAN WITHOUT FINDING THAT THE APPOINTMENT OF HIS DESIGNATED PRENEED GUARDIAN WAS CONTRARY TO HIS BEST INTERESTS: TRIAL COURT’S FINDINGS THAT PRENEED GUARDIAN MOVED WARD SEVERAL TIMES AND DID NOT COMMUNICATE WELL WITH STAFF OF NURSING FACILITY WHERE WARD WAS CONFINED DID NOT SHOW THAT PRENEED GUARDIAN ABUSED POWERS GRANTED TO HER BY DESIGNATION; DIFFICULTY COMMUNICATING WITH STAFF AT NURSING FACILITY WAS NOT AN ABUSE OF POWER

Martinez v. Smith, ___ So. 3d ___, 40 Fla. L. Weekly D695 (Fla. 4th DCA March 18, 2015)

“A rebuttable presumption exists that the preneed guardian is entitled to serve as guardian” unless “the preneed guardian is found to be unqualified to serve as guardian” or the appointment of the preneed guardian would be “contrary to the best interests … Click To Read Full Case Law Review...