HPM Case Summary: Three-Year Guardianship Battle: Court Invalidates Health-Care Surrogate and Power of Attorney 

In one of the law firm’s most complex and emotionally charged matters, Attorneys Brandan J. Pratt and Zander J. Retamar, at the Law Firm Huth, Pratt & Milhauser: Trust, Estate and Guardianship Counsel, represented the daughter of a fully incapacitated ward in a highly contested guardianship proceeding that spanned nearly three years, and multiple jurisdictions.

The daughter, a New Hampshire resident, petitioned for emergency guardianship in Florida after receiving videos showing the ward’s husband engaged in misconduct with a caregiver. Section 744.331, Florida Statutes, requires the court to consider whether an alternative to guardianship will sufficiently address the incapacitated person’s needs. If it will, the court may not appoint a guardian. If no adequate alternative exists, the court must appoint a guardian to exercise the person’s delegable rights. In this case, the husband held a healthcare surrogate, and a Massachusetts attorney held power of attorney and maintained a close relationship with the husband. Both opposed the guardianship, asserting that their existing designations were “less restrictive alternatives” to guardianship. The husband alternatively sought appointment as guardian, while the daughter questioned the adequacy of the existing arrangements, requested the Court appoint her as guardian of the person and supported a professional guardian of the property.

The case involved expert medical testimony regarding the ward’s capacity and ability to travel, along with significant evidentiary issues concerning the authentication and admissibility of video recordings. The proceedings were marked by deep family conflict, complex jurisdictional questions, and high emotional stakes, requiring steady judgment and experienced advocacy.

Despite the spousal preference typically afforded in Florida guardianship proceedings, Attorneys Brandan J. Pratt and Zander J. Retamar successfully demonstrated that the health-care surrogate and power-of-attorney designations were invalid and no longer served the ward’s best interests. After a full trial in St. Lucie County, the court agreed, finding both instruments invalid and appointing a plenary professional guardian to protect the ward. Importantly, the order also preserved the daughter’s ability to petition for appointment as guardian upon approval by the New Hampshire court – maintaining the opportunity for her to assume guardianship if future requirements are met.

This case exemplifies Huth Pratt & Milhauser’s ability to navigate not only the intricate legal and evidentiary aspects of guardianship litigation, but also the profound emotional and human dimensions that accompany them. Attorneys Pratt and Retamar, supported by the firm’s litigation team, combined sophisticated legal strategy with empathy and composure – achieving a result that both protected the ward and honored the family’s commitment to her care.