COOK v. COOK

No. 4D17-1637.

260 So.3d 281 (2018)

James S. COOK, Appellant, v. John COOK and Robert Cook, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Granted November 28, 2018.


Attorney(s) appearing for the Case

Antony P. Ryan , Regional Counsel, and Richard G. Bartmon , Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fourth District, West Palm Beach, for appellant.

Anya Van Veen , Jeffrey H. Skatoff , and Brian M. Spiro of Clark Skatoff, P.A., Palm Beach Gardens, for appellees.

Amy Singer Borman , General Counsel, Fifteenth Judicial Circuit, West Palm Beach, for Honorable Krista Marx, Chief Judge of the Fifteenth Judicial Circuit; Joseph M. D'Amico , General Counsel, Seventeenth Judicial Circuit, Fort Lauderdale, for Honorable Jack Tuter, Chief Judge of the Seventeenth Judicial Circuit; and Patricia L. Gladson , General Counsel, Eleventh Judicial Circuit, Miami, for Honorable Bertila Soto, Chief Judge of the Eleventh Judicial Circuit.


The prospective ward in this case was found to be totally incapacitated and the lower court imposed a plenary guardianship upon him. We reverse because we find that the members of the examining committee reached their capacity and guardianship determinations without the benefit of a comprehensive examination of the prospective ward.

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