In re Guardianship of John Herbert Muller, Incapacitated Person

Summary

The Florida Fourth District Court of Appeal held that under section 744.441(2), Florida Statutes (1993), a guardian may, with court approval, amend a revocable trust to replace a trustee if it is in the ward's best interest. The court broadly interpreted the statute's "other power" language, relying on legislative history and dictionary definitions, and reversed the trial court's restrictive construction. The court also ruled that attorney testimony regarding the settlor's intent was inadmissible under the lawyer-client privilege.

Holdings

1. Section 744.441(2) authorizes a guardian, with court approval, to amend a revocable trust to replace the trustee if it is in the best interest of the ward.
2. Testimony regarding the intent of the settlor in having the trust agreement drafted is inadmissible under the lawyer-client privilege; the exception in section 90.502(4)(d) relates only to the execution or attestation of a document.

Questions Presented

1. Whether section 744.441(2), Florida Statutes (1993), authorizes a guardian, with court approval, to amend a revocable trust to replace a trustee.
2. Whether an attorney's testimony regarding the settlor's intent in drafting the trust is admissible under the lawyer-client privilege exception in section 90.502(4)(d), Florida Statutes (1993).

Disposition

reversed_and_remanded