MORTENSON v. MORTENSON VIVAS (2021)

District Court of Appeal of Florida, Third District.

Betty M. MORTENSON, Appellant, v. Nany O. MORTENSON-VIVAS, Appellee.

No. 3D20-1308

Decided: June 09, 2021

Before EMAS, C.J., and LOGUE and SCALES, JJ.

Buchbinder & Elegant, P.A., and Harris J. Buchbinder, for appellant. Luis E. Barreto & Assoc. P.A., and Luis E. Barreto; Billbrough & Marks, P.A., and G. Bart Billbrough, for appellee.

Affirmed. See Fla. Stat. § 744.331(6)(b) (2020) (“A guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person.”); Adelman v. Elfenbein, 174 So. 3d 516, 518 (Fla. 4th DCA 2015) (“Upon a finding of incapacity, the court is required to either appoint a guardian or find that there is an alternative to guardianship. If there is an alternative to guardianship, the court is prohibited from appointing a guardian.”) (emphasis in original) (citations omitted).

PER CURIAM.

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