Kevin Bandoian v. Alison Carpenter, as guardian of Mary Lucy Bandoian, an incapacitated person (In re Guardianship of Mary Lucy Bandoian)
The Second DCA reversed an order adjudicating incapacity and appointing a plenary guardian because the adjudicatory hearing was not held at the time and place specified in the notice of hearing, as section 744.331(5)(a), Florida Statutes, requires, and because the procedure violated the objecting son's due process rights. The court further held that once a party objects to a general magistrate under Florida Probate Rule 5.095(c), implied consent ends and the magistrate has no authority to act — including no authority to reschedule the hearing before a circuit judge.
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