A Florida appeals court has reversed a guardianship order for Mary Lucy Bandoian, ruling that her son, Kevin Bandoian, was denied due process during the hearing. The decision, made by the District Court of Appeal of Florida on August 14, 2026, affects the legal status of Mary Lucy, who is considered incapacitated.
The court's ruling is significant as it emphasizes the importance of following proper legal procedures in guardianship cases, ensuring that individuals' rights are protected. This case highlights the complexities surrounding guardianship and the legal standards that must be adhered to in such proceedings.
Background
Mary Lucy Bandoian's guardianship case began when her daughter filed a petition to determine their mother's capacity and to appoint a guardian. Kevin Bandoian, her son, had been serving as her durable power of attorney and healthcare proxy for several years. He opposed the petition, arguing that existing arrangements were sufficient to care for his mother.
On January 22, 2025, Kevin filed a notice asserting that less restrictive alternatives to guardianship were available. The case was set for a hearing on June 27, 2025, but complications arose when Kevin filed a motion to continue the hearing and an objection to the general magistrate presiding over the case. Despite these objections, the hearing proceeded before a circuit court judge instead of the magistrate, leading to the appeal.
The Ruling
The District Court of Appeal ruled that the hearing violated Florida's statutory requirements and Kevin Bandoian's due process rights. The court stated, "The only notice for the adjudicatory hearing set forth a time and location different from the time and location at which the hearing occurred." The judges emphasized that the failure to adhere to the specified notice requirements constituted a violation of the law.
Judge Black, along with Judges Villanti and Sleet, concurred in the decision to reverse the order. The court noted that the magistrate's actions were not authorized after Kevin's objection was filed, stating, "Once the objection to the magistrate hearing the petition was filed, the magistrate could take no further action." This ruling underscores the necessity for courts to follow proper procedures in guardianship cases.
Impact
The court's decision to reverse the guardianship order has significant implications for Kevin Bandoian and his mother. It not only reinstates Kevin's authority as his mother's power of attorney but also requires that the case be heard again, following the correct legal procedures. This ruling reinforces the importance of due process in guardianship cases, ensuring that individuals are not deprived of their rights without proper legal representation and adherence to statutory requirements.
Going forward, this case sets a precedent for how guardianship hearings should be conducted in Florida. It highlights the need for clear communication and proper notification to all parties involved, ensuring that individuals facing guardianship are treated fairly and justly.
What's Next
The case will be sent back to the lower court for further proceedings consistent with the appeals court's opinion. It remains unclear if the opposing party will seek to appeal this ruling or if any related cases are pending.