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....

...on without the capacity to litigate under the law of his state domicile and, hence, under Rule 17(b).”). The undisputed record evidence establishes that the plaintiff is a domiciliary of Florida residing at 5027 Bow Lane, New Port Richey, Florida. Section 744.3215(3)(b), Florida Statutes, provides that the right “to sue and defend lawsuits ... may be removed from a person by an order determining incapacity.” Fla. Stat. § 744.3215 (3)(b) (2006)....

...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....

...Smith, 195 So.3d 416, 416 (Fla. 4th DCA 2016). We have jurisdiction. See art. V, § 3(b)(4); Fla. Const. For the reasons discussed below, we quash the decision of the Fourth District and hold that where the right to contract has been removed under section 744.3215(2)(a), Florida Statutes (2016), the ward is not required to obtain court approval prior to exercising the right to marry, but court approval is necessary before 'such a marriage can be given legal effect....

...on (or rights that cannot be removed through incapacity proceedings); rights that can be removed and delegated to a guardian; and rights that can be removed, but not delegated to a guardian. The right to marry falls within the latter category, under section 744.3215(2)(a), which provides: (2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right: (a) To marry....

...right. Id.; § 744.331(6), Fla. Stat. However, even when a guardianship court does not remove the right to marry, an incapacitated person’s right to marry becomes “subject to court approval” when his or her right to contract has been removed. § 744.3215(2)(a), Fla....

...e court approval had not been obtained prior to the act of marriage. Glenda then moved to ratify the marriage, and Hennessey moved for summary judgment. After a hearing, the court denied Glenda’s motion and granted Hennessey’s motion, concluding section 744.3215(2)(a) requires prior court approval because the “statute does not contemplate the right to ratify or somehow prove an existing marriage.” Because neither Alan nor Glenda obtained court approval before marrying, the court concluded their marriage was void and incapable of ratification....

...At any rate, this Court reversed the court’s order stemming from the December 18, 2012 hearing and remanded for a new hearing. By virtue of our mandate, nothing the court did on December 18, 2012 has any binding legal effect. Id. at 912 n.1 (citations omitted). Judge Warner disagreed with the majority’s interpretation of section 744.3215(2)(a)....

...2010). This *746 may include an examination of the statute’s legislative history and the purpose behind its enactment. W. Fla. Reg’l Med. Ctr., 79 So.3d at 9 . The certified question asks whether the failure to obtain court approval pursuant to section 744.3215(2)(a) renders the ward’s marriage “void” or “voidable.” To resolve the matter, we will first discuss the meaning of these terms as traditionally defined by Florida precedent in the marital context....

...the marriage voidable and not void, while insanity rendered it absolutely void.”). 5 Unlike a voidable marriage, the validity of a void marriage may be challenged at any time, including after the death of the alleged spouses. Id. Plain Language of Section 744.3215(2)(a) The plain language of section 744.3215(2)(a) reflects that the Legislature did not intend for the type of invalid marriage at issue in this case to be classified as either void or voidable according to how these terms have beéri defined under Florida precedent....

...The disputed provision does not use the terms “void” or “voidable,” nor does it use language that embodies the traditional definitions of these terms. Other statutes clearly identify circumstances that render a marriage void; however, such language was not used in section 744.3215(2)(a)....

...iage ... shall be valid.” (Emphasis added.) Similarly, section 741.21, Florida Statutes (2016), is titled “Incestuous marriages prohibited,” and provides that a man or woman “may not” marry certain relatives. (Emphasis added.) In contrast, section 744.3215(2)(a) does not expressly provide that an incapacitated person whose right to contract has been removed is “prohibited” from marrying unless court approval is obtained, or that any marriage entered into would be “void” absent such approval....

...ed, • or modified in some indicated way: having a contingent relation to something and usu[ally] dependent on such relation for final form, validity, or significance.” Webster’s Third New International Dictionary 2275 (1993). In the context of section 744.3215(2)(a), “the right to marry is subject to court approval” means that the ward’s right tó marry is contingent on court approval, though that approval may come later in time, such as after the marriage ceremony. Although' the validity of the marriage itself depends on court approval, nowhere in the statute does it provide that court approval must be obtained prior to marrying. Unlike section 744.3215(2)(a), other provisions within the Florida Guardianship Laws expressly require court approval as a condition precedent....

...See generally BellSouth Telecomm., Inc. v. Meeks, 863 So.2d 287, 291 (Fla. 2003) (holding that “when the [Legislature includes a provision in one section of a statute but excludes it in another, courts will deem the difference intentional and will assign meaning to the omission”). Section 744.3215(4), Florida Statutes (2016), lists actions a guardian may not take “[w]ith~ out first obtaining specific authority from the court.” (Emphasis added.) Similarly, section 744.446(2), Florida Statutes (2016), requires “prior appro...

...Although these subsections are distinguishable because each addresses acts of the guardian that require court approval, and not acts by the incapacitated person, they are nonetheless illustrative of language used by the Legislature to explicitly mandate prior court approval. The fact that such language was not used in section 744.3215(2)(a) indicates the Legislature did not intend to require prior court approval. The plain language of section 744.3215(2)(a) is likewise inconsistent with the traditional meaning of a “voidable” marriage....

...This is inconsistent with the traditional concept of a “voidable” marriage, which is “good for every purpose” until it is challenged, and “good ab initio” if it is not challenged within the parties’ lifetimes. Kuehmsted, 138 So. at 777 . In sum, the critical language of section 744.3215(2)(a)—“the right to marry is subject to court approval”—should be given its plain meaning: the ward’s right to marry is contingent on court approval when the right to contract is removed....

...). Moreover, the plain language is inconsistent with a “voidable” marriage. Accordingly, we conclude that the Legislature did not intend for the concept of a “void” or “voidable” marriage to apply to the disputed provision. We hold that section 744.3215(2)(a) does not preclude the possibility of ratification of a marriage if the court subsequently gives its approval, but an unapproved marriage is invalid and can be given legal effect only if court approval is obtained....

...The Legislature also specified that courts “should take a more proactive and affirmative role in guardianship matters, rather than wait ... until an abuse of the system is brought to its attention.” Id at 177. Protecting the rights of incapacitated persons was likewise considered when section 744.3215(2)(a) was amended in 2006 to include the now-disputed provision....

...(Emphasis added.) This expression of legislative intent, combined with the legislative history of the Florida Guardianship Laws, demonstrates the Legislature’s consistent efforts to uphold incapacitated persons’ rights to the greatest extent possible. Therefore, the Legislature likely did not intend for section 744.3215(2)(a) to render a ward’s unapproved marriage absolutely void, particularly in cases such as this, where the ward was not deemed incapacitated with respect to his right to marry, the parties were engaged prior to his incapacitation, the guardian was asked twice to obtain the court’s approval, and there is no evidence whatsoever of abuse or financial exploitation. Similarly, to interpret section 744.3215(2)(a) as rendering a ward’s unapproved marriage merely voidable would undermine the Legislature’s efforts to safeguard a ward’s inalienable right “to be protected against abuse, neglect, and exploitation.” § 744.3215(l)(d), Fla....

...Smith still looks out to her. [[Image here]] (Emphasis added.) 7 Glenda ' argues that these statements by the guardianship court were sufficient to ratify the marriage. We disagree. Although the invalid marriage-between Glenda and Alan is capable of ratification under section 744.3215(2)(a), it is unlikely that the Legislature intended for “court approval” to consist merely of acknowledging the existence of a marriage certificate and commenting on the alleged marriage, without issuing an order- ratifying the m...

...CONCLUSION Based upon the foregoing, we answer the certified question by holding that a ward’s failure to obtain court approval pri- or to exercising the right to marry does not render the marriage void or voidable. Instead, we conclude that under section 744.3215(2)(a), court approval is required before a ward whose right to contract has been removed may enter a valid marriage....

..., advise the court in the form of an expert opinion." Id. Each committee member is required to conduct a comprehensive examination of the person to "determine the alleged incapacitated person's ability to exercise those rights specified in [section] 744.3215,” and each member must submit a written report with his or her findings....

...§ 744.331(3)(e), Fla. Stat. An adjudicatory hearing must then be held, and "the partial or total incapacity of the person must be established by clear and convincing evidence.” § 744.331(5)(c), Fla. Stat. . This provision tracks the language in section 744.3215(2)(a)....

...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....

...The factual basis for alleging incapacity: 4. List all persons, with their name and address, known to have information relating to the basis for alleging incapacity: 5. Which rights are being sought to be removed under section 744.3215, Florida Statutes? Indicate which rights that the petitioner requests be removed from the respondent, but not delegated to a guardian: ( ) a....

...By order of this court on .....(date)....., the respondent .....(name)..... was adjudicated incapacitated and is now a ward as defined in section 744.102(22), Florida Statutes. The extent of the incapacity is .....(plenary or limited)...... The ward retains the rights listed in section 744.3215(a), Florida Statutes. 2....

...to consent to medical and mental health treatment; and ( ) 3. to make decisions about his or her social environment or other social aspects of his or her life; except the guardian shall not exercise any rights enumerated under section 744.3215(1), Florida Statutes. The guardian shall not execute any power over any health care surrogate appointed by any valid advance directive executed by the ward, pursuant to section 744.345, Florida Statutes, except upon...

...to sue and defend lawsuits; ( ) 3. to apply for government benefits; and ( ) 4. to manage property or to make any gift or disposition of property; except the guardian shall not exercise any rights enumerated under section 744.3215(1), Florida Statutes. ORDERED on .....(date)...... Judge - 26 - RULE 5.904....

...to consent to medical and mental health treatment; and ( ) 4. to make decisions about social environment and social aspects of life; and ( ) 5. to make decisions regarding education. Without first obtaining specific authority from the court, pursuant to sections 744.3215(4) and 744.3725, Florida Statutes, the guardian advocate (co-guardian advocates) may not: - 50 -  a....

...on to be incapacitated and specify the facts on which such belief is made and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observation; (4) state which of the rights enumerated in F.S. 744.3215 the alleged incapacitated person is incapable of exercising; and (5)state whether plenary or limited guardianship is sought for the alleged incapacitated person....

...may direct. (c) Hearing. The hearing shall be at a time and place that will enable the ward to express the ward's views to the court. Committee Notes Rule History 1991 Revision: New rule. 1992 Revision: Committee notes revised. Statutory References § 744.3215(4), Fla.Stat....

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

...er’s license, travel, seek or retain employment, contract, sue and defend lawsuits, manage property or make any gift or disposition thereof, determine his or her residence, consent to medical and mental health treatment, and make social decisions. § 744.3215(2), (3)....

...Ultimately, the court granted the requested relief and annulled the marriage. This appeal follows. Appellant argues, among other things, that the final judgment annulling her marriage with the Ward must be vacated because prior court approval was not required by the court’s order or the controlling statute. Section 744.3215 of the Florida Statutes outlines the rights which a person determined incapacitated retains and those which may be removed. § 744.3215, Fla....

...With respect to marriage, subsection (2)(a) provides: (2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right: (a) To marry. If the right to enter into a contract has been removed,- the right to marry is subject to court approval. § 744.3215(2)(a), Fla. Stat. (2013). The order appointing the plenary guardian mirrored section 744.3215(2)(a). In construing section 744.3215(2)(a)’s limitations on a ward’s right to marry, we must give the statute’s language its plain and ordinary meaning and may not ignore words or, alternatively, add words not included by the Legislature.....

...Thus, it follows that in order to enter into a valid marriage, an incapacitated person who has had his or her right to contract removed must, first ask the court to approve his or her right to marry. Based on the foregoing, the court’s interpretation of section 744.3215(2)(a) was correct: at the time the Ward -and Appellant married, the Ward had no right to marry as he had not obtained court approval....

...e of will); Wheeler v. Powers, 972 So.2d 285, 288 (Fla. 5th DCA 2008) (same). The right to determine the ward’s residence was one of the rights delegated to the guardian in the order appointing the guardian of the ward’s person and property. See § 744.3215(3)(e), Fla....

...The judge found that Nelson had secreted her testamentary scheme from her family before she became incapacitated, and that even though she was then incapacitated, she had a continuing right of privacy with respect to the contents of her will and codicil. Glatthar concedes that under section 744.3215(l)(o), Florida Statutes (1991) an incapacitated person retains the right to privacy guaranteed by the Florida Constitution, art: I, § 23....

...Where a fundamental right is involved, the statute must be “strictly tailored to remedy the problem in the most effective way and must not restrict a person’s rights any more than absolutely necessary.” Mitchell v. Moore, 786 So.2d 521, 527 (Fla.2001). Section 744.3215(2), Florida Statutes (2013), which requires court approval of a marriage of a ward, whose right to contract has been removed but whose right to marry has not, affects the rights of wards of all types, although it particularly affects the elderly....

...Because of its implications on that fundamental right to marry and its potential impact on wards, the interpretation of that statute is a question of great public importance, and we certify the following question: Where the fundamental right to marry has not been removed from a ward under section 744.3215(2)(a), Florida Statutes, does the statute require the ward to obtain approval from the court prior to exercising the right to marry, without which approval the marriage is absolutely void, or does such failure render the marriage voi...

...Ap-pellee contends that it is entitled to the award of fees because under section 744.-3215(1)(Z), 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)(Z) 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....

...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. 2003 Revision: Committee notes revised. Statutory References § 744.3215, Fla,' Stat....

...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....

...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 21íá inches. . § 744.102(8), Fla. Stat. (2003). . § 744.102(19), Fla. Stat. (2003). . § 768.19, Fla. Stat. (1993). . § 827.04(1), Fla. Stat. (1987). . § 744.3215(4)(e), 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....

...2d DCA 1997) (finding "subject to" language which required dealership to find financing for car was a condition precedent and allowed dealership to repossess the car when no financing was secured) with Smith v. Smith , 224 So.3d 740 , 747 (Fla. 2017) (In the context of section 744.3215(2)(a), "the right to marry is subject to court approval" means that the ward's right to marry is contingent on court approval, though that approval may come later in time, such as after the marriage ceremony.") Since the application...

...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. Statutory References § 737.2065, Fla. Stat. Trust contests. § 744.3215, Fla....

...David’s petition. The trial court determined the ward was incapacitated and appointed a guardian to represent the ward’s interests. Thereafter, the record reflects that the ward reached out directly to Mr. David to hire him as the ward’s attorney. While section 744.3215(1)(l) of the Florida Statutes (2018) does give the ward a right to counsel, the ward’s right to contract with Mr....

...See In re Guardianship of Bockmuller, 602 So. 2d 608, 609 (Fla. 2d DCA 1992). Only the ward’s plenary guardian, respondent Barbara Busko, has the capacity to enter into a contract with an attorney on behalf of the ward. Id. (citing section 744.3215(3)(a), which provides that “[r]ights that may be removed from a person by an order determining incapacity and which may be delegated to the guardian include the right ....

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

...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)....

...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....