Wallace v. Comprehensive Personal Care Services, Inc.
In an ongoing trust proceeding, the probate court entered protective orders limiting dissemination of the father's confidential medical records and then denied the son's motion for leave to attach those records and non-examining physicians' reports to a contemplated Chapter 744 petition to determine incapacity, while enjoining all parties except the AIP from ex parte contact with a future examining committee. The Third District affirmed, holding sections 744.3201 and 744.331 neither require nor permit the petitioner to attach the AIP's medical records or reports of physicians who never examined the AIP, and that the statutory procedures themselves ensure the examining committee receives a complete picture. Judge Salter dissented, arguing the trust court lacked jurisdiction to enjoin conduct in an as-yet-unfiled guardianship case and that the injunction conflicts with Linde v. Linde.
Key facts
- Father's son sought to attach the father's confidential medical records and non-examining physicians' reports to a Chapter 744 petition to determine incapacity in an ongoing trust proceeding.
- The probate court had previously entered protective orders limiting dissemination of the father's medical records and denied the son's motion for leave to attach those records to the incapacity petition.
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Why it matters
This is the Third District's clearest statement yet that a guardianship petitioner has no right to load a Chapter 744 incapacity petition with the AIP's confidential medical records or with litigation-retained… — full analysis with a trial
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