Public Trustee of Stewart House v. First Union National Bank

ON MOTION FOR CLARIFICATION

PARIENTE, Judge.

The opinion of this court filed February 16, 1994 is withdrawn and the following opinion is substituted. Appellant’s motion for rehearing is otherwise denied.

The central issue raised in this appeal is whether a probate court has discretion to deny a petition to terminate a guardianship of the property when the ward no longer resides in the state. We find no abuse of discretion in the probate court’s order denying the petition to terminate and do not find that termination was mandatory as a result of the ward’s change of domicile from Florida to the…