Waldon v. In Re: Guardianship of Charles Waldon
The Third District affirmed the probate court's appointment of the ward's daughter as limited guardian over objections that she had disqualifying conflicts of interest—a pending Georgia restraining order against her and a foreclosure suit on a sister's mortgage in which the ward held a junior lien and was named a co-defendant. The court held neither circumstance created a conflict sufficient to preclude appointment under sections 744.312 and 744.446, Florida Statutes.
Key facts
- Daughter sought appointment as limited guardian of her father, Charles Waldon, but objectors alleged disqualifying conflicts of interest: a pending Georgia restraining order against the daughter and a foreclosure suit on a sister's mortgage in which the father held a junior lien and was named a co-defendant.
- The probate court appointed the daughter as limited guardian despite the conflicts, finding neither circumstance precluded appointment under Florida Statutes sections 744.312 and 744.446.
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Why it matters
The opinion is one of the few Florida decisions analyzing when an adverse pecuniary interest or pending litigation between a proposed guardian and the ward rises to a disqualifying conflict under section 744.446… — full analysis with a trial
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