RUBY C. ADELMAN, as the Power of Attorney, Health Care Surrogate, Pre-need Guardian of Burton K. Adelman, and the Successor Trustee of the Burton K. Adelman Restated and Amended Revocable Trust Agreement v. HILLARY ELFENBEIN

Summary

In Adelman v. Elfenbein, the Florida Fourth District Court of Appeal held that a trial court lacks jurisdiction to reopen an incapacity proceeding and appoint a plenary guardian after prior unappealed orders finding a less-restrictive alternative to guardianship have become final. Strictly construing the guardianship statutes, the court ruled that finality attaches to an order dismissing a guardianship petition, and the court’s jurisdiction lapses absent an appointed guardian. The court reversed the appointment of a professional guardian and remanded with instructions to dismiss the proceeding.

Holdings

1. The trial court lacked jurisdiction to reopen the incapacity proceeding and appoint a guardian because the prior unappealed orders finding a less-restrictive alternative to guardianship were final, and the court's jurisdiction lapsed absent an appointed guardian.

Questions Presented

1. Whether the trial court had jurisdiction to entertain a second petition to appoint a plenary guardian after the previous orders dismissing the guardianship petition became final and unappealed.

Disposition

reversed_and_remanded