July 5, 2002

content

 

 

PLEASE REFRESH PAGE
To view updates

 

 

 

Judge  George W. Greer    

          

July 5, 2002
File No. 90-2908-GD3
Probate Division
  ORDER APPOINTING SUCCESSOR GUARDIAN OF PROPERTY

   This CAUSE having come on for hearing before the Court on the Petition for Appointment of Successor Guardian of Property as to the above-named ward,  notice of the petition having been given to all known interested persons; and the Court being fully advised in the premises, the Court finds as follows:

 1.  ALISON A. CARPENTER is the proposed successor guardian of the property for the ward,  The proposed successor guardian of the property resides in the State of Florida,   is sui juris, and is eighteen years of age or older.

 2. The proposed successor guardian of the property is not disqualified from acting as guardian:

 a. by reason of a prior felony conviction;

 b. by illness or other incapacity; or

 c. by reason of conflict of interest with the ward as set out in Section 744.309 (2) because:

      1. The proposed successor guardian of the property is not a creditor of the ward.

     2. Business or Professional Services:

     a)  ALISON A. CARPENTER neither provides substantial business or professional service to the ward nor is employed by an individual or entity who provides or is likely to provide such services.

     3) Health Care Services  

a)ALISON A. CARPENTER is not a provider of health care services to the ward.

 3.   Further, the proposed successor guardian of the property has no conflict  of interest with the ward as set out in section 744.446.

    WHEREFORE, it is hereby

ORDERED AND ADJUDGED that the resignation of SouthTrust Bank as guardian of    the property of the ward is accepted, and ALISON A. CARPENTER is hereby appointed successor guardian of the property to provide for the welfare and safety of the ward and to exercise all delegable rights and powers of the ward.

   Upon posting of a proper bond in the amount of $ 250,000ญญญญ            , Letters of Successor Guardianship of the Property shall issue in this cause,     however, the successor guardian of the property shall place all the ward's personal assets,  the value of which is not covered by the bond,  in a restricted acount in a financial institution pursuant to F.S. 69.031.

    IT IS FURTHER ORDERED AND ADJUDGED that ALISON A. CARPENTER shall submit to a credit and criminal investigation pursuant to F.S. 744.3135,    except that if such an investigation has been completed within a year prior to the date of this Order, said investigation may be waived upon the successor guardian of the property providing the name and number of the file in which the investigation report is filed.

    IT IS FURTHER ORDERED AND ADJUDGED that the successor guardian of the property may not exercise the following rights without prior court approval.

 1. perform, compromise or refuse performance of contracts of the ward that existed at the time of adjudication.

 2. execute, exercise, or release any powers as trustee, personal representative, custodian for minors, conservator, or donee of any power of appointment or other power.

 3. make ordinary or extraordinary repairs or alterations in buildings or other structures.

 4. abandon property.

 5. pay calls, assessments, and other sums chargable or accruing against, or on account of,  securities.

 6. borrow money, with or without security, to be repaid from the estate assets or otherwise and advance money for the protection of the estate.

 7.  effect a compromise with any debtor or oblogor or extend, renew, or in any manner modify the terms of any obligation owing to the estate.

 8. prosecute or defend claims or proceedings in any jurisdiction.

 9.  sell, mortgage, or lease any real or personal property, including homestead property or perform any act which alters or divests any interest of the ward in land.

 10. continue any unincorporated business or venture in which the ward was engaged.

 11. purchase real estate.

 12. exercise any option contained in any policy of insurance payable to, or inuring to the benefit of, the ward.

 13.  pay funeral, interment, and grave marker expenses for the ward  from the ward's estate.

 14. make gifts of the ward's property.

 15. create revocable or irrevocable trusts of property of the ward's estate.

 16. renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer.

    Further, the successor guardian of the property may not act on behalf of the ward  respecting any matters set forth in Section 744.3215(4)(a) through (e) or Section 744.446 without court approval.

 DONE AND ORDERED in Chambers at Clearwater. Pinellas County, Florida, this 5 day of July,2002.

 Copies:

Gyneth S. Stanley, Esq.

Deborah A. Bushnell, Esq.

Michael Schiavo

Alison A. Carpenter

Felos & Felos,P.A.

Joseph D. Magri, Esq., Merkle & Magri,P.A.

Patricia Field Anderson, Esq.

Pamela A.M. Campbell, Esq.

Lawrence D. Crow, Esq.

 
 

 

ฉ TerriTheRealTruth