Davis v. King

Summary

The Florida Fifth District Court of Appeal affirmed orders determining Mary H. Masters incapacitated and appointing Sandra Lee King as plenary guardian. The court held that substantial competent evidence rebutted the statutory presumption favoring the preneed guardians because conflicts of interest rendered Jessie Elizabeth Davis and her mother unqualified to serve. The court concluded that the trial court acted within its discretion in appointing King.

Holdings

1. The statutory presumption arising from production of a preneed guardianship declaration is rebuttable, and the trial court was not required to appoint a designated preneed guardian who was found unqualified to serve.
2. The trial court acted within its discretion in refusing to appoint Davis or Stauffer and appointing King to perform the fiduciary responsibilities of guardian.

Questions Presented

1. Whether the trial court properly refused to appoint the preneed guardians despite the statutory rebuttable presumption favoring their appointment.
2. Whether the trial court abused its discretion in finding Davis and Stauffer unqualified because of conflicts of interest and appointing King as plenary guardian.

Disposition

affirmed