A Florida appeals court has upheld two orders regarding the guardianship of Ronald T. Martino, affirming decisions that deny his daughter, Lesa Martino, the right to challenge fees charged by the former guardian and her attorney. The court's ruling, filed on July 8, 2020, clarifies the definition of an 'interested person' in guardianship cases and imposes sanctions on Martino for her actions during the proceedings.
The case, filed under docket number 2D19-0670, highlights the complexities of guardianship law and the responsibilities of guardians. It affects not only the parties involved but also sets a precedent for how courts may interpret the rights of family members in similar situations.
Background
Lesa Martino is the daughter of Ronald T. Martino, who has been deemed incapacitated. In February 2017, Carol Colombo was appointed as the plenary guardian for Ronald. Over time, Lesa's behavior reportedly created significant challenges for Colombo, including numerous complaints about the care facility, attempts to relocate Ronald without consent, and public criticisms on social media.
In November 2017, Lesa filed a petition to remove Colombo as guardian, which led to Colombo's resignation in December of the same year. Following this, both Colombo and her attorney filed petitions for payment of fees, which Lesa challenged, claiming the fees were unreasonable. The trial court ruled that Lesa lacked standing to object to these fees, leading to her appeal.
The Ruling
The District Court of Appeal of Florida, with Judge Sleet presiding, affirmed the trial court’s decisions in both appeals. The court ruled that Lesa Martino was not an 'interested person' as defined by Florida law, which limits such status to those who may reasonably be expected to be affected by the outcome of the proceedings.
The court stated, "the record in this case is replete with examples of [her] interfering with the administration of the guardianship and the care of the Ward resulting in unnecessary expense to the guardianship estate."
Additionally, the court upheld the trial court's decision to impose attorney fees as a sanction against Lesa for her objections, which were deemed without merit. The court found that she should have known her objections were not valid based on prior rulings regarding her status.
Impact
This ruling reinforces the notion that guardianship proceedings prioritize the well-being of the ward, in this case, Ronald T. Martino. It clarifies that family members cannot automatically claim 'interested person' status simply due to their relationship with the ward. Instead, their conduct can influence their standing in guardianship matters.
The court's decision also serves as a warning to individuals involved in guardianship cases about the potential consequences of their actions, particularly when those actions interfere with the guardian's duties. This ruling may affect future guardianship cases in Florida, emphasizing the need for family members to respect court orders and the guardianship process.
What's Next
Lesa Martino can appeal this decision to the Florida Supreme Court, but it remains to be seen if she will pursue that option. There is no indication of any related cases pending at this time.