BETTY M. MORTENSON
v.
NANY O. MORTENSON-VIVAS
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 guardian may not be appointed if the court finds an alternative to guardianship that sufficiently addresses the incapacitated person's problems.
[1] Upon finding incapacity, a trial court must either appoint a guardian or determine that an adequate alternative to guardianship exists; if such an alternative is found, a…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Upon a finding of incapacity, the court is required to either appoint a guardian or find that there is an alternative to guardianship. If there is an alternative to guardianship, the court is prohibited from appointing a guardian.”
Adelman v. Elfenbein standard for guardianship decisions
Betty M. Mortenson sought appointment as guardian of Nany O. Mortenson-Vivas. The trial court declined to appoint a guardian.…
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 Incapacitated Person cases and more on FLexlaw
PER CURIAM.
Affirmed. See Fla. Stat. § 744.331(6)(b) (2020) (“A guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person.”); Adelman v. Elfenbein, 174 So. 3d 516, 518 (Fla. 4th DCA 2015) (“Upon a finding of incapacity, the court is required to either appoint a guardian or find that there is an alternative to guardianship. If there is an alternative to guardianship, the court is prohibited from appointing a guardian.”) (emphasis in original) (citations omitted).