Martinez v. Cramer

ON MOTION FOR REHEARING

We grant the Appellant’s motion for rehearing, withdraw our opinion dated June 19, 2013, and issue the following in its place:

Under the Florida Guardianship Law, any person who is alleged to be incapacitated is entitled to be represented by counsel in proceedings to determine capacity and to determine whether a guardian should be appointed over his or her person or property. At issue in this case is when a court must appoint counsel for an alleged incapacitated person if a court determines a guardian needs to be appointed on an emergency basis. We hold that counsel must…