In re: Guardianship of J.S.J.

Summary

The Florida Fifth District Court of Appeal held that a court-appointed legal guardian of a minor’s property cannot be compelled to complete a fact information sheet (Form 1.977) in aid of execution of a cost judgment entered against the minor’s parents as natural guardians in a medical malpractice action, because the legal guardian was not a party to the suit, did not consent, and no court approval was obtained as required by Florida guardianship statutes. The court distinguished *Yount v. Varnes* and emphasized that a natural guardian’s authority does not extend to placing a minor’s assets at risk without court oversight, and that guardianships are governed exclusively by statute. This case clarifies the limits of a natural guardian’s power to bind a minor’s estate and the protections afforded to minors’ property under Florida law.

Holdings

1. The guardianship is not a 'judgment debtor' because it was not a party to the underlying action, the legal guardian did not consent or participate, and no court approval was obtained; therefore, the legal guardian has no duty to complete Form 1.977.

Questions Presented

1. Whether a legal guardianship that was not a party to the underlying action can be required to complete Form 1.977 as a 'judgment debtor' under Florida Rule of Civil Procedure 1.560(b).

Disposition

reversed