Wednesday, October 17, 2007

744.3371 Notice of petition for appointment of guardian and hearing.--

1) When the petition for appointment of a guardian for an incapacitated person is heard upon the conclusion of the hearing in which the person is determined to be incapacitated, the court shall hear the petition without further notice. If the petition is heard on a later date, reasonable notice of the hearing must be served on the incapacitated person, the person's attorney, if any, any guardian then serving, the person's next of kin, and such other interested persons as the court may direct.

(2) When a petition for appointment of a guardian for a minor is filed, formal notice must be served on the minor's parents. If the petitioner has custody of the minor and the petition alleges that, after diligent search, the parents cannot be found, the parents may be served by informal notice, delivered to their last known address or addresses. When a parent petitions for appointment as guardian for his or her minor child, no notice is necessary unless the other parent is living and does not consent to the appointment.

History.--s. 22, ch. 90-271; s. 1079, ch. 97-102.

What is it that makes elder Clara exempt so that no notice was served upon the appointment of Mr. Tischenkel as her guardian, this was to be a hearing for Clara's friend Angela McClain to be able to obtain expanded powers and be able to track down Clara's assets that were converted for personal use by her self appointed caregivers during the time she was taken from her home of 31 years and three months later incapacitated by negligence during the Summer in August 2004.

This is something that Angela had been trying to do for over a year, because when a person is incapacitated, even if the person has a guardian the guardian must then petition the court for expanded powers.

How did a hearing for expanded powers, get turned around into an appointment for a new guardian without any prior notice. ( This is disturbing, as we should all obey the same laws)

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