BERGMAN v. SERNS

No. 83-293.

443 So.2d 130 (1983)

Carol Serns BERGMAN, Daughter of the Incompetent Ward, Beatrice Greenfield, Appellant, v. David R. SERNS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 20, 1984.


Attorney(s) appearing for the Case

Ann Mason Parker, Miami, for appellant.

Ruden, Barnett, McClosky, Schuster & Russell and Woodrow "Mac" Melvin, Jr. and James R. George, Fort Lauderdale, for appellee.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.


SCHWARTZ, Chief Judge.

In resolving one of the most agonizing consequences of an all-too-familiar modern tragedy, we hold that the transfer of the elderly ward from her own home to a nursing or old age facility may not be ordered in the absence of an affirmative showing, which was not presented below, that such a placement is required for her proper care and well-being.

The ward in question, Mrs. Beatrice Greenfield, who is now eighty-one years of age, was...

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