Douglass v. Sepe

The trial court adjudicated Anthony C. Sepe physically incompetent. The central issue on this appeal is whether the trial court, having adjudicated Anthony C. Sepe physically incompetent, erred in failing to appoint a guardian of the person. The appellant, the only child of the 87-year-old Mr. Sepe, urges that such an appointment is mandatory. We agree.

Section 744.331(9), Florida Statutes (1981), provides:

“When a person is adjudicated mentally or physically incompetent, a guardian of the person shall be appointed, and a guardian of the property may be appointed.” (emphasis supplied).

Were the…