Martinez v. Guardianship of Smith

Glenda Martinez appeals an order appointing professional guardian John Cram-er as plenary guardian for her husband, Alan Smith (“ward”). She maintains that the trial court erred in failing to apply the statutory presumption of section 744.3045(4), Florida Statutes (2012), where the ward had given her power-of-attorney and appointed her as his preneed guardian and health care surrogate. Because the trial court failed to make a specific finding that appointment of appellant was contrary to the best interests of the ward, we reverse.

The ward and appellant met on a senior social networking…