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2nd DCAAugust 14, 2026Reversed and Remanded⭐ Notable

Kevin Bandoian v. Alison Carpenter, as guardian of Mary Lucy Bandoian, an incapacitated person (In re Guardianship of Mary Lucy Bandoian)

Case No. 2025-1993

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.

Key facts

  • Kevin Bandoian had served for many years as his mother Mary Lucy Bandoian's durable power of attorney and healthcare proxy. When his sister petitioned to determine capacity and to appoint a guardian, he objected and filed a Notice of Asserting Lesser Restrictive Alternatives to Guardianship.
  • The only notice of hearing set the adjudicatory hearing before a general magistrate at the Clearwater Annex on June 27, 2025 at 9 a.m. The day before, Bandoian filed a motion to continue based on outstanding discovery and an objection to the general magistrate hearing the petitions.
  • +2 more key facts with a free trial

Holdings

  • Section 744.331(5)(a) requires that the adjudicatory hearing in an incapacity proceeding 'be conducted at the time and place specified in the notice of hearing and in a manner consistent…
  • +2 more holdings with a free trial

Why it matters

Guardianship and probate litigators should read this as a strict-construction opinion with teeth. The Second DCA treats section 744.331(5)(a)'s 'time and place specified in the notice of hearing' language as a hard… — full analysis with a trial

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