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eBook details

• Title: Hayes v. Guardianship of Thompson
• Author : Supreme Court of Illinois
• Release Date : January 09, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

We have for review Hayes v. Guardianship of Thompson, 934 So. 2d 493 (Fla. 3d DCA 2005), in which the Third District Court of Appeal certified conflict with the Fourth District Court of Appeals decision in Bachinger v. Sunbank/South Florida, N.A., 675 So. 2d 186 (Fla. 4th DCA 1996). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The certified conflict involves the issue of standing to participate in guardianship proceedings. For the reasons that follow, we hold that a person, including an heir of a ward, has standing to participate in a guardianship proceeding if the applicable provisions of either the Florida Guardianship Law or the Florida Probate Rules entitle the person to notice of the proceeding or authorize the person to file an objection in the proceeding. Applying this holding to guardianship proceedings concerning attorneys fees under section 744.108, Florida Statutes (2006), we conclude that, in addition to the attorney making the fee request, only the guardian, the ward, and those "interested persons" who have requested notice under Florida Probate Rule 5.060 have standing to participate in the proceedings.

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