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RAINEY v. GUARDIANSHIP OF MACKEY

No. 4D00-2018.

773 So.2d 118 (2000)

Thomas RAINEY and Kim Deshazo, Appellants, v. GUARDIANSHIP OF Myrtle MACKEY, Appellee.

District Court of Appeal of Florida, Fourth District.

December 20, 2000.

Attorney(s) appearing for the Case

Steven L. Perry of McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A., Stuart, for appellants.

Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, for Amicus Curiae Elder Law Section of The Florida Bar.

Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, for Amicus Curiae Elder Law Section of The Florida Bar.

No appearance for appellee.

POLEN, J.

Thomas Rainey, as guardian of the person of Myrtle Mackey, and Kim Deshazo, as guardian of the property of Myrtle Mackey (hereinafter "guardians"), timely appeal after the court denied their petition to implement Medicaid planning on behalf of Mackey. They argue that the court erred in failing to hold an evidentiary hearing on their petition and in failing to apply the correct standard in determining whether to permit Medicaid planning. We agree and reverse...

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