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The Guardianship Aftermath of Saadeh v. Connors

The Guardianship Aftermath of Saadeh v. Connors. Presenter: J. Ronald Denman, Esq. Presentation created by: Victoria M. Pearce, Esq. Bleakley Bavol Denman & Grace February 20, 2019. Saadeh v. Connors , 166 So. 3d 959 (Fla. 4th DCA 2015). The Basics:

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The Guardianship Aftermath of Saadeh v. Connors

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  1. The Guardianship Aftermath of Saadeh v. Connors Presenter: J. Ronald Denman, Esq. Presentation created by: Victoria M. Pearce, Esq. Bleakley Bavol Denman & Grace February 20, 2019

  2. Saadeh v. Connors, 166 So. 3d 959 (Fla. 4th DCA 2015) • The Basics: • Trial court granted summary judgment in favor of the guardian’s attorney in an action for professional negligence initiated by the Ward. • Ward appealed on a third-party beneficiary theory

  3. The Background • Guardian, Ward’s court-appointed attorney, and the guardian’s attorney agreed the Ward would execute a trust in return for dismissal of capacity proceedings. • Guardian’s attorney was familiar with the Ward’s advanced age, and educational background. • Ward executed irrevocable trust due to the pressures of the guardian’s attorney. • Guardian failed to advise the Ward of the significant tax consequences of executing the trust.

  4. The Trial Court Proceeding • Guardian received summary judgment at the trial court on the basis that she didn’t owe a duty to the Ward. • No duty due to lack of privity of contract. • The trial court rejected the argument that the Ward was an intended beneficiary.

  5. Key Language from the 4th DCA • Counsel for a Guardian owes a duty to the Ward. • The purpose of Florida’s guardianship statutes are to protect the public welfare by protecting the rights of incapacitated persons. • It would be “antithetical” to suggest a guardian could ever take any action that would be adverse to the Ward.

  6. A Firm Stance Behind Wards “As a matter of law, the ward in situations as this, is both the primary and intended beneficiary of his estate. To tolerate anything less would be nonsensical and would strip the ward of the dignity to which the ward is wholly entitled.”

  7. The Aftermath: Lingering Questions • What does Saadehmean for lawyers? • What effect does Saadehhave on your practice? • What beneficial effect does Saadeh have for Wards? • Can Saadeh apply for trustees? YES

  8. Recognizing the Duty • Communication is key! • Advise clients of all potential outcomes! • Ward’s interest must come first! • All actions in a representation must consider the interests of the Ward!

  9. Moving Forward • Recognize the duty. • Be cognitive of the exposure to liability to those not in privity of contract. • Know your rights! • Implement procedures to safeguard yourself and/or your practice.

  10. Questions, Comments, or Concerns?

  11. THANK YOU! J. Ronald Denman, Esq., Senior Partner Bleakley Bavol Denman & Grace(813) 221-3759 rdenman@bbdglaw.com

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