Florida Requires Full Due Process Be Given In Guardianship Cases
Martin Zelman was a very successful individual who amassed a tidy fortune over his eight decades on Earth. But in his autumn years, allegations of incapacity began to spring up from his children, particularly when it came to his wife who held a joint bank account with him that “accidentally” had $3 million placed into it by Mr. Zelman. After being ruled incapacitated by the judge in a suit brought by his son, the $3 million that Zelman had transferred was order to be returned by the judge acting sua sponte.
In Zemel v. Zemel, the Court of Appeals ruled that the rights of the non-litigant spouse were trampled when she was not offered a chance to be heard concerning the matter or notified of the proceedings over the account. The wife had a property right in the proceeds of the account and to transfer the money without her involvement, or even at the request of the party bringing the suit, resulted in a due process violation that would not stand. The court stressed that the rights of a non-party cannot be tossed aside for the convenience of another case or party and that all proper procedure must be given.
See Brian Spiro, Due Process Required in Guardianship Proceedings, Clark Skatoff, July 2, 2015.
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