Florida/Georgia Personal Injury & Workers Compensation

...ivil commitment is truly staggering, exceeded only by imprisonment for crime. Persons adjudged to be incompetent may not register to vote, section 97.041(3)(a), Florida Statutes (1989), and may be stripped of their voter registration by court order. § 744.3215(2)(b), Fla....

...Florida law specifies that incompetent persons cannot consent to an abortion on their own behalf. § 390.001(4), Fla. Stat. (1989). A court can deprive them of the right to marry, to personally apply for government benefits, to travel, or to seek or retain employment. § 744.3215(2), Fla....

...tracts, the right to sue and be sued, the right to manage property, the right to make gifts, the right to determine one's place of residence, the right to consent to medical treatment, and the right to make decisions about social matters in general. § 744.3215(3), Fla....

...We conclude that no conflict existed in the positions being advocated by the parties Fiss represented. The Ward has a right to be restored to capacity at the earliest possible time and to have continuing review of the need for restriction of her rights. See § 744.3215(1)(b), (c), Fla....

...Appellants contend that appellee is not entitled to an award of attorney's fees here because Mr. Reischmann's services did nothing to benefit Mary or her estate, but, in fact, only depleted Mary's estate. Appellee contends that it is entitled to the award of fees because under section 744.3215(1)( l ), Florida Statutes (1989), Mary retained the right to counsel and she had contracted with Mr. Reischmann to represent her to get her out of the retirement home. Section 744.3215(1)( l ) does give Mary the right to counsel. However, Mary's right to contract was removed by the order determining her incapacity. Although Mary has a right to counsel, that counsel must be contracted for by one of the guardians or appointed by the court. See §§ 744.3215(3)(a), 744.464(2)(e), Fla....

...At the end of a proceeding instituted by a financially dissatisfied adopted son, the trial court determined that ninety-four-year-old Louis LeWinter was incapable of fully exercising his rights to manage his property and to consent to medical treatment, §§ 744.3215(3)(d), (f), Fla....

...The report concludes that Louis LeWinter was not able "to make informed *390 decisions regarding his right to contract" or "his right to consent to medical treatment," (R.11), but that in all other respects he was able to make informed decisions in his life. See § 744.3215(2), (3), Fla....

...2d DCA 1985); Bowles v. D. Mitchell Inv., Inc., 363 So.2d 1106, 1110 (Fla. 3d DCA 1978). I would affirm these orders in all respects. NOTES [1] It is not disputed that he was fully capable of exercising each of the other rights referred to in sections 744.3215(2), (3), Fla....

...We reversed that judgment and remanded to the lower tribunal for compliance with the procedural requirements of section 744.3725, Florida Statutes. See Vaughan v. Vaughan, 630 So.2d 1150 (Fla. 5th DCA 1993). The appellant Norma Vaughan contends that section 61.052 and section 744.3215, when read together, are ambiguous and vague, and thus should be interpreted to preclude a guardian, committee, or next friend from bringing an action for divorce on behalf of an incompetent person....

...However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08. A guardian's right to initiate dissolution proceedings on behalf of his ward is supported by section 744.3215(4)(c) of the guardianship statutes: 744.3215 Rights of persons determined incapacitated....

...blish any new or independent right to or authority over ... dissolution of marriage," the question of who will bring the action is merely procedural. It is from section 61.052 that the guardian's authority to initiate the dissolution is derived, not section 744.3215....

at 5027 Bow Lane, New Port Richey, Florida. Section 744.3215(3)(b), Florida Statutes, provides that the

...The powers and duties of a guardian of the person include the exercise of the rights of the ward that have been delegated to the guardian. § 744.361(1). Depending upon the extent of the ward's incapacity, those rights may include: (1) At least in some instances, to apply for government benefits, section 744.3215(3)(c); (2) To determine the ward's residence, section 744.3215(3)(e); (3) To consent to medical and mental health treatment on behalf of the ward, section 744.3215(3)(f); and (4) To make decisions about the ward's social environment or other social aspects of his or her life, section 744.3215(3)(g)....

...l, and that there was lively discussion at oral argument. He testified that Ward Thelma King, his client, was upset by the incapacity order and asked him to appeal it. An incapacitated ward still has the right to access to the courts and to counsel. § 744.3215(1)(k), ( l ), Fla....

...persons known to the petitioner who have knowledge of such facts through personal observation; (4) the name and address of the alleged incapacitated person's attending or family physician, if known; (4) (5) state which of the rights enumerated in F.S. 744.3215 the alleged incapacitated person is incapable of exercising; and to the best of the petitioner's knowledge; and, if the petitioner has insufficient experience to make that judgment, the petitioner shall so indicate; (5) (6) state whether...

...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Changes to conform to 1989 and 1990 revisions to guardianship law. Adds additional documents to be signed by the guardian. Statutory references added. Statutory References § 744.3215, Fla....

...n with the [W]ard. This Court does not believe that [the Grandmother] has a "right" to grandparent visitation with the [W]ard. See Sullivan v. Sapp, 866 So.2d 28 (Fla. 2004). 3. Counsel for [the Grandmother] also asserts that the [W]ard, pursuant to § 744.3215(1)(m), Fla....

...this issue is not before us because no one filed a notice of appeal from either the order determining entitlement to attorney's fees and costs or the subsequent order determining the amount. [2] Although there is no case law construing the statute, section 744.3215(1)(m) suggests that the discretion of a guardian of the person of an adult ward is substantially more limited in this regard....

...The trial court found that the petitioners established by clear and convincing evidence that Mrs. Poteat was "partially incapacitated to exercise her right to contract, to sue and defend lawsuits, to manage property or to make any gift or any disposition of property as set forth in section 744.3215 of the Florida Statutes." The court appointed a limited guardian of the person and property of Mrs....

...the unborn child in absentia, a decision which may result in the death of the unborn baby. Without the mechanism of a guardian for the unborn child, the court will have abrogated its responsibility to protect the potential life of the unborn child. Section 744.3215(4), Florida Statutes, states in pertinent part: Without first obtaining specific authority from the court, as described in s....

...744.3725, a guardian may not: * * * (e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward. *547 Section 744.3725, Florida Statutes, states in pertinent part: Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must: * * * (5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person; ......

...gave birth by cesarean section to a baby girl known as Baby S. 2. Baby S weighed 6 pounds, 7 ounces and her length was 21½ inches. [6] § 744.102(8), Fla. Stat. (2003). [7] § 744.102(19), Fla. Stat. (2003). [8] § 768.19, Fla. Stat. (1993). [9] § 827.04(1), Fla. Stat. (1987). [10] § 744.3215(4)(e), Fla....

the right to contract has been removed under section 744.3215(2)(a), Florida Statutes (2016), the ward is

...An adjudication of incapacity under the Guardianship Law, may have the effect of removing certain legal rights the ward would otherwise be able to exercise. Some of these rights may be delegated to the guardian, among them the right "to determine [the ward's] residence." § 744.3215(3)(e) Fla....

...or to make any gift or disposition of property; (e) to determine his or her residence; (f) to consent to medical and mental health treatment; and (g) to make decisions about his or her social environment or other social aspects of his or her life." § 744.3215(3)(a)-(g), Fla....

...2006 Revision: New (a)(6) added to incorporate 2006 amendment to section 744.441, Florida Statutes. New (c)(3) added to reflect passage of 2006 amendment to section 737.2065, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 737.2065736.0207, Fla. Stat. Trust contests. § 744.3215, Fla....

...We conclude that the language "court-appointed guardian" in this section means a guardian appointed by the court pursuant to the provisions of chapter 744, not merely a "guardian advocate" appointed in connection with an involuntary proceeding. Furthermore, section 744.3215(4)(e), Florida Statutes (1989), provides that without first obtaining specific authority from the court, as described in section 744.3725, even a guardian appointed pursuant to the provisions of chapter 744 may not consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward. Section 744.3725 provides that before the court may grant authority to a guardian to exercise any of the rights specified in section 744.3215(4), the court must, *571 inter alia: "[p]ersonally meet with the incapacitated person to obtain its own impression of the person's capacity, so as to afford the incapacitated person the full opportunity to express his personal views...

...Here, clearly, the trial court applied a "best interests" tests rather than a subjective test. However, we conclude that the "substituted judgment" doctrine is not applicable to this case. Since there are Florida statutes (sections 390.001(4), 744.331, 744.3215(4)(e), and 744.3725) which apply to the specific situation involved in this case, there is no need for recourse to the "substituted judgment" doctrine....

...Lefebvre is subsequently adjudicated incompetent and a guardian is appointed, that guardian may then attempt to obtain specific authority from the court, as described in section 744.3725, to consent to a termination of Ms. Lefebvre's pregnancy. See section 744.3215(4), Fla....

rights are being sought to be removed under section 744.3215, Florida Statutes? Indicate which rights that

(4) state which of the rights enumerated in F.S. 744.3215 the alleged incapacitated person is incapable

Committee notes revised. Statutory References § 744.3215(4), Fla.Stat. Rights of persons determined incapacitated

her the right to sue and defend lawsuits. Section 744.3215, Florida Statutes (1991), provides in subsection

...er success with this ward than AJFCS, even it if could accept the appointment as the ward’s guardian. If the ward is truly a danger to herself, involuntary hospitalization or placement may be needed, for which court approval must be obtained.1 See § 744.3215(4), Fla....

Grandmother] also asserts that the [W]ard, pursuant to § 744.3215(l)(m), Fla. Stat. (2003)[,] retains the right

health treatment, and make social decisions. § 744.3215(2), (3). . In a plenary guardianship, the guardian

court’s order or the controlling statute. Section 744.3215 of the Florida Statutes outlines the rights

guardian of the ward’s person and property. See § 744.3215(3)(e), Fla. Stat. (2012). A guardian must obtain

and codicil. Glatthar concedes that under section 744.3215(l)(o), Florida Statutes (1991) an incapacitated

Mitchell v. Moore, 786 So.2d 521, 527 (Fla.2001). Section 744.3215(2), Florida Statutes (2013), which requires

entitled to the award of fees because under section 744.-3215(1)(Z), Florida Statutes (1989), Mary retained

Committee notes revised. Statutory References § 744.3215, Fla,' Stat. Rights of persons determined incapacitated

...New (c)(3) added to reflect passage of 2006 amendment to section 737.2065, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 736.0207, Fla. Stat. Trust contests. § 744.3215, Fla....

...PETITION FOR EXTRAORDINARY AUTHORITY (a) — (c) [No Change] Committee Notes Rule History 1991 Revision: New rule. 1992 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.3215(4), Fla....

(1993). . § 827.04(1), Fla. Stat. (1987). . § 744.3215(4)(e), Fla. Stat. (2003). . § 744.3725, Fla

...The certificate of service indicates that a copy of the Formal Notice was furnished to Ana Maria’s counsel and known next of kin. On April 22, 2013, the members of the reporting committee filed their reports. Each member agreed that Ana Maria is incapacitated, see § 744.3215(2), (3), Fla....

3d 740, 747 (Fla. 2017) (In the context of section 744.3215(2)(a), "the right to marry is subject to court

References § 737.2065, Fla. Stat. Trust contests. § 744.3215, Fla. Stat. Rights of persons determined incapacitated

to hire him as the ward’s attorney. While section 744.3215(1)(l) of the Florida Statutes (2018) does

§ 736.0207, Fla. Stat. Trust contests. § 744.3215, Fla. Stat. Rights of persons determined incapacitated

benefits, section 744.3215(3)(c); (2) To determine the ward’s residence, section 744.3215(3)(e); (3)

...he patient in involuntary civil commitment proceedings "unless the person is otherwise represented by counsel." The guardian's attorney represents the guardian, not the ward. Contrary to the guardian's arguments, the ward retains a right to counsel. § 744.3215(1)( l ), Fla. Stat. (2011); see also In re Beverly, 342 So.2d 481, 489 (Fla. 1977). A guardian may not commit a ward to an institution pursuant to chapter 394 without formal placement proceedings. § 744.3215(4)(a), Fla....