Jasser v. Saadeh
2012 Fla. App. LEXIS 11670
Fla. Dist. Ct. App.2012Background
- Saadeh, an elderly businessman, faced guardianship proceedings initiated by Barfield over alleged dementia; ETG appointed and all rights, except voting, removed; parties agreed to a trust as a least restrictive alternative; trust and pour-over will were to be executed by Saadeh under ETG control; the May 2009 order dismissed incapacity proceedings but did not inform on tax consequences or revocability; the June 2009 trust was executed under disputed circumstances and Saadeh alleged coercion and lack of consent; the trial court later held the trust void ab initio for lack of capacity and authority; trustees appeal the summary judgment affirming voidness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to enter the trust | Saadeh lacked capacity to execute the trust | ETG and attendants asserted sufficient authority under May 2009 order | Trust void ab initio; Saadeh had no capacity to create it |
| Effect of May 2009 order | Order properly dismissed incapacity and permitted settlement | Order did not justify irrevocable trust or bypass guardianship limits | Order invalid to authorize irrevocable trust; proceedings misapplied |
| Protection of ward rights during ETG | ETG properly managed rights under §744.3031 | Rights removed; ETG could act independently | ETG removal of rights precluded Saadeh from contracting; rights not restored later |
| Undue influence and coercion | Trust induced by coercion and lack of counsel | No direct proof of undue influence adduced in final ruling | Summary judgment did not reach undue influence; focus remained on capacity and authority |
| Procedural correctness of incapacity proceedings | Dismissal of incapacity petition allowed guardianship to end | Procedural path valid under 2008 Florida guardianship framework | Court properly reconciled proceedings and vacated related determinations |
Key Cases Cited
- Borden v. Guardianship of Borden-Moore, 818 So.2d 604 (Fla. 5th DCA 2002) (mandatory process in incapacity determinations; waivers not allowed)
- In re Keene, 343 So.2d 916 (Fla. 4th DCA 1977) (strict adherence to guardianship procedures; protects wards)
- In re Frederick, 508 So.2d 44 (Fla. 4th DCA 1987) (attorney appointment and ward protection requirements must be observed)
- Holmes v. Burchett, 766 So.2d 387 (Fla. 2d DCA 2000) (ward may substitute counsel when not yet declared incapacitated; ETG rights context discussed)
- In re Guardianship of Graham, 963 So.2d 275 (Fla. 4th DCA 2007) (ETG with plenary authority; removal of contract rights and implications for competency)