IN RE VOLUNTARY GUARDIANSHIP OF MELBA JENSEN, DECEASED. SHARON L. SHAPPELL, APPELLANT,
v.
RICHARD C. WILLIAMS, JR., AS ATTORNEY AD LITEM FOR THE GUARDIANSHIP OF MELBA JENSEN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A guardianship terminates automatically upon the ward's death, and the guardian's authority over assets ceases, making formal removal unnecessary.
The appellant was the guardian of a ward who died. The probate court suspended the guardian's letters and appointed an attorney ad litem to marshal as…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Voluntary Guardianship cases and more on FLexlaw
ALTENBERND, Judge.
Sharon L. Shappell appeals an order of the probate court suspending her letters of guardianship in the voluntary guardianship of Melba Jensen and appointing an attorney ad litem to marshal the assets of Ms. Jensen. Ms. Jensen died in 1997. We affirm. This proceeding involved a voluntary guardianship, in which the guardian’s authority rested upon the consent of a competent ward. See § 744.341, Fla. Stat. (2001). Moreover, any guardian’s authority over the assets of a ward terminates upon the ward’s death, at which point the assets become assets of the decedent’s estate and subject to the authority of the personal representative, if any. See, e.g., Batzle v. Baraso, 776 So. 2d 1107 (Fla. 5th DCA 2001). Therefore, the guardianship terminated upon Ms. Jensen’s death, and no formal removal of the guardian pursuant to Florida Probate Rule 5.660 was necessary in order to suspend the now invalid letters of guardianship.1
Because the probate judge was faced with a decedent with assets and potential claims but no personal representative, the probate court was required to take certain steps to protect the decedent’s assets. These steps could include the appointment of an administrator ad litem or a curator. See § 733.308, 501, Fla. Stat. (2001).
We therefore affirm the probate court’s order suspending the letters of guardianship. On remand, we direct the probate court to clarify that the attorney ad litem appointed by the court to garner Ms. Jensen’s assets shall act as an administrator ad litem or curator pursuant to sections 733.308 and 733.501.
Affirmed.
DAVIS and CANADY, JJ., Concur. . Of course, the termination of the guardianship and suspension of the letters of guardianship, although occurring by operation of law upon the ward’s death, do not suspend the guardian’s responsibility to account for the ward's assets and obtain a discharge in the guardianship case. See § 744.527, 534, Fla. Stat. (2001).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Garrison v. Vance, 103 So. 3d 1041 (Fla. 1st DCA 2013)…d the fiduciary is discharged was "not intended to change the definition of final order for appellate purposes”). . See generally §§ 744.33 l(6)(d), 744.521-.531, Fla. Stat. (2011); Fla. Prob. R. 5.670, 5.680; see also In re Guardianship of Jensen, 834 So. 2d 376, 377 (Fla. 2d DCA 2003) (noting that the guardianship terminates upon the ward's death); In re Estate of Pearson, 192 So. 2d 89, 92 (Fla. 2d DCA 1966) (explaining that “the guardian’s power terminates at the ward’s death”).…
Authorities Cited
- Batzle v. Dolleda Baraso, 776 So. 2d 1107 (Fla. 5th DCA 2001)