Bivins v. Guardianship of Bivins

The appellant raises two issues for our review. The first issue is whether a trial court must enforce a settlement agreement concerning the assets of an incompetent ward where the guardian retained some assets to pay guardianship expenses, contrary to the express language of the settlement agreement. The second issue is whether, upon the death of a ward, a guardian may retain part of a deceased ward’s assets to pay for present and future guardianship expenses. .As to the first issue, we conclude that Florida law favors the enforcement of settlement agreements, and the court erred in failing…