744.477 and Probate Rule 5.660. In this one-paragraph opinion, the Fifth DCA..." />

If you're going to remove a guardian, you have to give reasonable notice . . . unfortunately this one-paragraph opinion fails to provide any guidance regarding what reasonable notice may be

Posted on May 22, 2005 by Juan Antunez

Foust v. Maldonado, 30 Fla. L. Weekly D895 (Fla. 5 DCA April 1, 2005) (Trial Court Reversed)

Proceedings for removal of guardians are initiated pursuant to F.S. § 744.477 and Probate Rule 5.660. In this one-paragraph opinion, the Fifth DCA reversed Osceola County Circuit Court Judge Jeffords D. Miller for apparently failing to comply with the requisite notice requirements in a removal proceeding, but provides zero guidance for anyone other than the parties to this litigation for where the trial court went wrong.

For what it's worth, here are the relevant two sentences of the Fifth DCA's opinion in full:

This is an appeal of an order removing a professional guardian, Kathleen M. Foust ["Foust"]. We agree with Foust that the notice given and procedure employed at the June 8, 2004, hearing were inadequate to meet the requirements of law, including the statutory and rule procedures for guardian removal contained in Florida Probate Rule 5.660 and section 744.477, Florida Statutes (2003).
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