Caselaw Update:


This court case upholds the decision making of a mother prior to becoming incapacitated to determine that her children would be her guardian in the event of incapacity. The case holds that where a pre-need guardian designation has been properly filed and appoints multiple children to serve who are not unanimously in agreement on the level of care needed by the ward, nevertheless it is an abuse of discretion for a judge to appoint another to serve in their stead. Acuna & Magill v. Dresner (3d DCA Florida 2010)