Thorpe v. Larsen
Thorpe v. Larsen
Opinion of the Court
The appellant, Wilhelmina Quindt Thorpe, is the daughter of 97-year-old Amalia Quindt, who was declared an incompetent by the Dade County circuit court. She claims error in an order which denied her petition for appointment as Mrs. Quindt’s guardian and granted the competing petition of a neighbor of the ward, Marguerite Larsen. We find, however, that the court did not abuse its discretion in making the appointment under the controlling terms of Section 744.312, Florida Statutes (1979).
The other points do not present harmful error.
Affirmed.
. 744.312 Considerations in appointment of guardian.—
(1) The court may appoint any person who is qualified to act as guardian, whether related to the ward or not.
*1218 (2) The court shall give consideration to the appointment of:
(a) One of the next of kin of the incompetent who is a fit and proper person and qualified to act.
(b) Any person designated as guardian in any will in which the incompetent is a beneficiary.
(3) The court shall also:
(a) Consider the wishes expressed by the incompetent as to who shall be appointed guardian, and
(b) Give weight to the appointment of an individual, or corporation as described in s. 744.102(11), nominated by the incompetent prior to the filing of the petition for a finding of incompetency, if at the time of nomination:
1. The incompetent was 18 or more years of age and had sufficient mental capacity to make an intelligent choice, and
2. The nomination is contained in a writing signed by him in the presence of at least two attesting witnesses present at the same time....
Reference
- Full Case Name
- In re GUARDIANSHIP OF Amalia QUINDT. Wilhelmina Quindt THORPE v. Marguerite LARSEN
- Cited By
- 1 case
- Status
- Published