Sun Bank and Trust Co. v. Jones

Summary

The Fifth District Court of Appeal of Florida reversed an order refusing to consider objections by a deceased ward's personal representative to guardianship and attorney fees related to the guardian's proposed home plan. The court held that the personal representative had standing to raise the objections and that prior accountings and fee approvals did not foreclose review because applicable notice, audit, and approval procedures had not been followed. The court directed that a full hearing be held on the objections.

Holdings

1. An order denying objections to guardianship and attorney fees finally determines a party's substantial rights and is appealable under Florida Probate Rule 5.100, even though the guardianship proceeding as a whole has not been closed.
2. The personal representative of a deceased ward has standing to object to guardianship fees and expenditures related to a conflict-of-interest transaction, including fees reflected in prior accountings that were not properly approved.
3. Section 744.441(14), Florida Statutes, prohibits a plenary guardian from purchasing for the ward real estate in which the guardian has an interest; the prohibition applies even if court approval is sought.
4. A guardian and the guardian's attorney may not charge the ward's estate for unauthorized services rendered to implement a transaction prohibited by the guardianship statutes; payments made for that purpose may be recovered.

Questions Presented

1. Whether the trial court's order refusing to consider objections to guardianship and attorney fees was a final, appealable order under Florida Probate Rule 5.100.
2. Whether the deceased ward's personal representative had standing to object to fees and expenditures reflected in prior guardianship accountings.
3. Whether the guardian's proposed purchase of real estate owned by the guardian and his wife was prohibited by section 744.441(14), Florida Statutes, notwithstanding possible court approval.
4. Whether the guardian and the guardian's attorney could retain or charge the ward's estate for services rendered to implement the unauthorized home plan.

Disposition

reversed_and_remanded