Opinion
Case No. 3D01-2028
Opinion filed August 8, 2001.
An appeal from the Circuit Court for Dade County, Arthur Rothenberg, Judge. LOWER TRIBUNAL NOS. 01-3081 01-1895.
Icard, Merrill, Cullis, Timm, Furen Ginsburg and John J. Waskom, for appellants.
Joseph P. George, for appellee.
Before JORGENSON, GODERICH and SHEVIN, JJ.
In the instant case, the Ward's daughter and the Ward's wife appeal from the trial court's order finding him totally incapacitated and appointing Comprehensive Personal Care Services, Inc. [CPCS] as plenary guardian. We reverse the trial court's order and remand for a full evidentiary hearing on the qualifications of each of those seeking to be appointed plenary guardian. Because the trial court had properly appointed a temporary guardian, we find that there was no emergency that justified the denial of due process and required a permanent appointment without a full evidentiary hearing. Further, this decision should in no way operate as an adjudication upon the qualifications of CPCS to serve as permanent guardian and is not meant to preclude the trial court from appointing CPCS as guardian.
Reversed and remanded for further proceedings consistent with this opinion.