MARTINEZ EX REL. SMITH v. CRAMER

No. 4D13-405.

121 So.3d 580 (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.

August 7, 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.


ON MOTION FOR REHEARING

PER CURIAM.

We grant the Appellant's motion for rehearing, withdraw our opinion dated June 19, 2013, and issue the following in its place:

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 his or her person or property. At issue in this case is when...

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