ROBERT WILSON, APPELLANT,
v.
BAMBI ROBINSON, APPELLEE
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Robert Wilson appealed the trial court's decision appointing his daughter Bambi Robinson as guardian of his incapacitated wife Beverly Wilson instead of granting Wilson's petition for appointment as plenary guardian. The appellate court affirmed, finding no abuse of discretion by the trial court.
The trial court did not abuse its discretion in appointing Ms. Robinson as guardian. The trial court's decision was supported by adequate evidence and was reasonable under Florida law governing guardian selection.
[1] A trial court's discretion in appointing a guardian must be exercised consistent with statutory preferences and factors.
[2] A trial court abuses its discretion in appointing a guardian only when no reasonable person would adopt the court's view.
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Join FLexlaw to unlock all legal intelligence“[I]n guardianship cases, as in other cases, discretionary acts are subject to the test of reasonableness, i.e., they must be supported by logic and justification for the result and founded on substantial, competent evidence.”
Establishes the standard for reviewing trial court discretion in guardianship cases
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Join FLexlaw to unlock all legal intelligenceMrs. Beverly Wilson is incapacitated due to Alzheimer's disease. Robert Wilson, her husband, petitioned to be appointed as her plenary guardian. The t…
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ORFINGER, J.
Robert Wilson appeals the trial court’s decision denying his petition to be appointed plenary guardian of his wife, Beverly Wilson, and, instead, appointing then-daughter, Bambi Robinson, to serve as Mrs. Wilson’s guardian. We find no abuse of the trial court’s discretion and affirm.
The parties agree that Mrs. Wilson is incapacitated due to Alzheimer’s disease. Section 744.312(2) and (3), Florida Statutes (2004), sets forth preferences and factors that the court should consider in determining an appropriate guardian and provide, in pertinent part:
(2) The court shall give preference to the appointment of a person who:
(a) Is related by blood or marriage to the ward;
(b) Has educational, professional, or business experience relevant to the nature of the services sought to be provided;
(c) Has the capacity to manage the financial resources involved; or
(d) Has the ability to meet the requirements of the law and the unique needs of the individual case.
(3) The court shall also:
(a) Consider the wishes expressed by an incapacitated person as to who shall be appointed guardian.
“[I]n guardianship cases, as in other cases, discretionary acts are subject to the test of reasonableness, i.e., they must be supported by logic and justification for the result and founded on substantial, competent evidence.” In re Guardianship of Sapp, 868 So. 2d 687, 693 (Fla. 2d DCA 2004) (citing In re Guardianship of Sitter, 779 So. 2d 346, 348 (Fla. 2d DCA 2000)); see generally Canova v. Smith ex rel. S.G.S., 854 So. 2d 852 (Fla. 5th DCA 2003) (upholding a guardianship decision because it was supported by substantial competent evidence). Discretion is abused when no reasonable person would take the view adopted by the trial court. Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla.1980).
The trial court’s discretion in the selection of a guardian has been described as “limited discretion” in the sense that it must be exercised consistent with the Florida Statutes. See Poteat v. Guardianship of Poteat, 771 So. 2d 569, 572 (Fla. 4th DCA 2000) (citing In re Castro, 344 So. 2d 270, 271 (Fla. 4th DCA 1977)).
Having carefully reviewed the record, we conclude that the trial judge did not abuse his discretion in appointing Ms. Robinson to be guardian of her mother. There was adequate evidence to support the trial court’s decision. For these reasons, we affirm.
AFFIRMED.
PLEUS, C.J. and GRIFFIN, J., concur.
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Miller v. Merrily Goodell, 958 So. 2d 952 (Fla. 4th DCA 2007)…Fla. 2d DCA 2004); In re Guardianship of Schiavo, 851 So. 2d 182, 186 (Fla. 2d DCA 2003), rev. denied, 855 So. 2d 621 (Fla.2003). This discretion is abused when no reasonable person would take the view adopted by the trial court. Wilson v. Robinson, 917 So. 2d 312 (Fla. 5th DCA 2005) (citing Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla.1980)). In this case appellants have failed to establish the trial court abused its discretion. Section 744.3045(4), Florida Statutes (2005), provides in pertinent part:…
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In re Guardianship OF Sallie B. Stephens v. Rowe, 965 So. 2d 847 (Fla. 2d DCA 2007)…ian, they are not controlling. § 744.312(3)(a); Ahlman v. Wolf, 413 So. 2d 787, 788 (Fla. 3d DCA 1982). We review a probate court’s determination regarding the appointment of a guardian under an abuse of discretion standard. See Wilson v. Robinson, 917 So. 2d 312, 313 (Fla. 5th DCA 2005). The trial court’s adoption and ratification of a general magistrate’s report and recommendation is also reviewed under an abuse of discretion standard. See Canakaris v. Canakans, 382 So. 2d 1197, 1203 (Fla.1980). Because th…
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Morris v. Knight, 1 So. 3d 1236 (Fla. 4th DCA 2009)…dence. Id. at 348. The trial court’s decision should be reviewed for reasonableness. Id. And the appellate court should not find an abuse of discretion unless “no reasonable person would take the view adopted by the trial court.” Wilson v. Robinson, 917 So. 2d 312 (Fla. 5th DCA 2005). Morris and Glinton argue that the trial court abused its discretion in appointing Knight as guardian because they, as family members of Barker, should have been given preferential consideration over Knight and because Knight ha…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- In re Guardianship of Albert Sitter. Nicky Valentini v. State, 779 So. 2d 346 (Fla. 2d DCA 2000)
- In re Guardianship OF Sara H. Sapp. Lee O'Hare & Lynn Atherton v. Lalai Hamric, 868 So. 2d 687 (Fla. 2d DCA 2004)
- In re the Matter of Deena Theresa Castro, 344 So. 2d 270 (Fla. 4th DCA 1977)
- Poteat v. Guardianship OF Willie Florence Poteat, 771 So. 2d 569 (Fla. 4th DCA 2000)
- Canova v. Smith, 854 So. 2d 852 (Fla. 5th DCA 2003)
- Holley v. State, 854 So. 2d 852 (Fla. 5th DCA 2003)