JOSEPH TAGLIABUE, ET AL., APPELLANTS,
v.
JOYCE FRASER, APPELLEE
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The court vacated the appointment of a friend as guardian of property due to a conflict of interest arising from her role as trustee of the ward's deceased wife's estate, where she was the residuary beneficiary.
A non-relative guardian cannot be appointed when a conflict of interest exists, such as when the proposed guardian would benefit from decisions affecting the ward's estate claims.
[1] A non-relative may not be appointed as guardian of property when the proposed guardian has a pecuniary interest that creates a conflict with the ward's interests, such as…
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Join FLexlaw to unlock all legal intelligenceJoyce Fraser was appointed guardian of the property of an incapacitated uncle. Fraser was a ten-year friend of the ward and his deceased wife, and ser…
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PETERSON, Judge.
Appellants appeal the appointment of Joyce Fraser as guardian of the property of appellants’ uncle, an incapacitated person. Fraser was a friend of the ward and the ward’s deceased wife for ten years. Fraser was also the personal representative and testamentary trustee under the will of the ward’s deceased wife. The ward was the sole life beneficiary under the terms of the testamentary trust, and Fraser was the sole residuary beneficiary. Appellants argued below that the appointment created a conflict of interest in that Fraser would be acting against her own pecuniary interest when faced with the decision as guardian whether to petition the court for an elective share and a family-allowance for the ward pursuant to sections 732.201 and 732.403, Florida Statutes, against the deceased wife’s estate. We agree. Section 744.309(2), Florida Statutes (1989), prohibits the appointment of a non-relative of the ward as the guardian in any circumstance in which a conflict of interest may occur. Since neither the appellants nor the ward objects to the appointment of Fraser as guardian of the person, we vacate only that portion of the order that appoints Fraser as guardian of the property. Since appellants have conceded that neither they nor their attorney should be appointed as guardian of the ward’s property, we remand and instruct the trial court to appoint some other qualified person or institution to act as guardian of the ward’s property.
VACATED in part and REMANDED.
DAUKSCH and COBB, JJ., concur.
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Glatthar v. Hoequist, 600 So. 2d 1205 (Fla. 5th DCA 1992)…tate, 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. (1991). . See Tagliabue v. Fraser, 576 So. 2d 401 (Fla. 5th DCA 1991). . See § 744.309(3), Fla.Stat. (1991) ("[t]he court may not appoint a guardian in any other circumstance in which a conflict of interest may occur); and § 744.446(1) ("[i]t is essential to the proper conduct and management of a…