SANJUAN v. MENA (2022)

District Court of Appeal of Florida, Fourth District.

Diego SANJUAN, Appellant, v. Guardianship of Maria Angelica MENA, Appellee.

No. 4D21-2857

Decided: September 07, 2022

Ricardo Corona, Ricardo M. Corona, Yung Truong, and Laura Hernandez of Corona Law Firm, P.A., Miami, for appellant. Barry W. Taylor of Taylor & Taylor Law, P.A., Palm Beach Gardens, for appellee.

Diego Sanjuan timely appeals the circuit court's order appointing co-guardians over the person and property of a ward. Sanjuan argues the circuit court erroneously appointed the brothers as co-guardians over the ward. He also argues the court erred when it revoked the ward's appointment of a health care surrogate. We affirm the court's appointment of the brothers as co-guardians without further discussion. But we reverse the court's revocation of the ward's appointment of a health care surrogate for failure to “express[ ] which grounds supported revocation and absent evidence of any of the grounds set forth in section 765.105[, Florida Statutes (2007)].” Graham v. Florida Dep't of Child. & Families, 970 So. 2d 438, 443 (Fla. 4th DCA 2007); see also Martinez v. Guardianship of Smith, 159 So. 3d 394, 400 (Fla. 4th DCA 2015). On remand, the court must determine what grounds under section 765.105 require revocation of the health care surrogate if it determines any such grounds exist.

Affirmed in part, reversed in part, and remanded.

Per Curiam.

Warner, Gross and Kuntz, JJ., concur.

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