MARTINEZ v. CRAMER

No. 4D13-405.

125 So.3d 974 (2013)

Glenda MARTINEZ, as healthcare surrogate, attorney-in-fact, and wife of J. Alan Smith, the Ward, Appellant, v. John CRAMER, as emergency temporary guardian of the Ward, Appellee.

District Court of Appeal of Florida, Fourth District.

June 19, 2013.


Attorney(s) appearing for the Case

Robin Bresky of Law Offices of Robin Bresky, Boca Raton, for appellant.

Ellen S. Morris of Elder Law Associates PA, Boca Raton, for appellee.


PER CURIAM.

Under the Florida Guardianship Law, any person who is alleged to be incapacitated is entitled to be represented by counsel in proceedings to determine capacity and to determine whether a guardian should be appointed over their person or property. At issue in this case is when a court must appoint counsel for an alleged incapacitated person if a court determines a guardian needs to be appointed on an emergency basis. We hold that counsel must be appointed...

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