Third District Court of Appeal State of Florida
Opinion filed March 18, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1310 Lower Tribunal No. 82-2432-GD-02 ________________
Patricia Ash, etc., Appellant,
vs.
Hyman Ash, etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.
The Billbrough Firm, and G. Bart Billbrough, for appellant.
Law Offices of Geoffrey B. Marks, and Geoffrey B. Marks (Vero Beach), for appellee.
Before FERNANDEZ, MILLER, and GOODEN, JJ.
MILLER, J. Patricia Ash, the successor guardian and mother of the deceased
ward, Aaron Ash, appeals from orders determining she lacked standing to
participate in proceedings relating to the winding up of the guardianship
estate. She asserts that the trial court erred in refusing to allow her to object
to the final accounting and discharge of the guardian of the ward’s property,
Grove Bank & Trust (formerly Coconut Grove Bank), because the former
guardian and father of the deceased ward, Hyman Ash, failed to comply with
annual accounting requirements justifying his expenditures,
reimbursements, and retention of certain government subsidies. We are
constrained to reverse.
I
The guardianship proceedings underlying this appeal are well known
to this court.1 Aaron sustained catastrophic birth-related injuries, and
settlement proceeds derived from a medical malpractice lawsuit were used
to establish a guardianship. Grove Bank & Trust assumed the role of
guardian of the property. Hyman and Patricia soon divorced. Aaron was
1 See Ash v. Ash, 332 So. 3d 563 (Fla. 3d DCA 2021); Ash v. Coconut Grove Bank, 443 So. 2d 437 (Fla. 3d DCA 1984); Ash v. Ash, 380 So. 3d 1144 (Fla. 3d DCA 2022); Ash v. Coconut Grove Bank, 448 So. 2d 605 (Fla. 3d DCA 1984); Ash v. Coconut Grove Bank, 437 So. 2d 683 (Fla. 3d DCA 1983).
2 adjudicated incapacitated when he reached the age of eighteen, and Hyman
was appointed to serve as Aaron’s plenary guardian.
In 2018, Patricia sought a determination from the trial court that she
was an interested person in the guardianship proceedings. Hyman objected,
and the probate court entered an order ruling that Patricia was an interested
person the following year. Patricia then unsuccessfully petitioned to replace
Hyman as guardian. She appealed, and this court reversed. Ash, 332 So.
3d at 570. Upon remand, the trial court appointed Patricia as Aaron’s
successor guardian.
Aaron passed away in 2022, and the parties opened an estate. By
stipulation of the parties, the probate court appointed a curator. The
following year, Hyman filed a petition seeking historical reimbursements for
a three-year period. Less than two months later, Grove Bank & Trust filed a
petition for discharge, along with a final report and accounting. Patricia
lodged an objection, and Hyman filed an amended petition seeking further
reimbursements. Patricia again objected, this time joined by the curator, and
filed a complaint to compel an accounting and for damages against Hyman
and the Hy Ash Living Trust.
Hyman filed a second amended petition seeking yet additional
reimbursements and moved to dismiss Patricia’s complaint for lack of
3 standing. The trial court entered an order determining that Patricia lacked
standing and discharging Grove Bank & Trust. This appeal ensued.
II
A
We review an order adjudicating a lack of standing de novo, as it raises
a question of law. See In re Guardianship of McLain, 406 So. 3d 1134, 1138
(Fla. 2d DCA 2025). The touchstone of standing is whether a would-be
litigant has established that he or she reasonably expects to be directly or
indirectly affected by the outcome of the proceedings. See Hayes v.
Guardianship of Thompson, 952 So. 2d 498, 505 (Fla. 2006).
B
Guardianships in Florida are governed by a series of “statutes and
rules [that] complement one another.” Id. at 506. In enacting the
guardianship statutes, the Florida Legislature articulated that the protection
of wards and management of their financial resources are the polestar in
such proceedings. See § 744.1012(3), Fla. Stat. (2024); In re Guardianship
of Stephens, 965 So. 2d 847, 852 (Fla. 2d DCA 2007); Romano v. Olshen,
153 So. 3d 912, 917–18 (Fla. 4th DCA 2014). Consistent with this principle,
“when deciding whether a person has standing to participate in a specific
guardianship proceeding, the court should begin by considering both the
4 provisions of the Florida Guardianship Law and any pertinent Florida
guardianship rules.” Hayes, 952 So. 2d at 505–06. In this vein, “[i]f a party
asserting standing is either entitled to notice or authorized to file an objection
in the proceeding under either the statutory provisions or the rules, that party
should [ordinarily] have standing to participate in the proceeding. Otherwise,
the right to receive notice or file an objection would be meaningless.” Id. at
506.
“[C]ourts must scrupulously oversee the handling of the affairs of
incompetent persons under their jurisdiction and err on the side of over-
supervising rather than indifference.” Id. at 508 (quoting Bachinger v.
Sunbank/ S. Florida, N.A., 675 So. 2d 186, 188 (Fla. 4th DCA 1996)). This
is particularly true when fees and reimbursements are involved because the
ex parte procedure used in such instances typically circumvents the requisite
scrutiny. Id. at 506.
In some proceedings, the heirs of a ward may be considered
“interested persons,” depending on the nature of the issues involved. Id. at
507–08. Indeed, courts have recognized that at times, one petitioning for
guardianship fees may have interests adverse to the ward. See e.g., In re
Guardianship of Shell, 978 So. 2d 885, 888 n.1 (Fla. 2d DCA 2008). Section
744.391, Florida Statutes contemplates appointing a guardian ad litem
5 where a current guardian harbors a conflict. This procedure is designed to
ensure the interests of the ward are protected before discharging the
guardian of the property, as set forth in section 744.531, Florida Statutes.
See id. (“If the court is satisfied that the guardian has faithfully discharged
her or his duties, has rendered a complete and accurate final report, and, in
the case of a guardian of the property, has delivered the property of the ward
to the person entitled, and that the interest of the ward is protected, the court
shall enter an order of discharge.”) (emphasis added); see also McLain, 406
So. 3d at 1139–40 (noting that the personal representative of the ward’s
estate had standing to lodge objections as to expenditures and fees from
ward’s assets).
C
In this case, the trial court expressed valid concerns over the many
Free access — add to your briefcase to read the full text and ask questions with AI
Third District Court of Appeal State of Florida
Opinion filed March 18, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1310 Lower Tribunal No. 82-2432-GD-02 ________________
Patricia Ash, etc., Appellant,
vs.
Hyman Ash, etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.
The Billbrough Firm, and G. Bart Billbrough, for appellant.
Law Offices of Geoffrey B. Marks, and Geoffrey B. Marks (Vero Beach), for appellee.
Before FERNANDEZ, MILLER, and GOODEN, JJ.
MILLER, J. Patricia Ash, the successor guardian and mother of the deceased
ward, Aaron Ash, appeals from orders determining she lacked standing to
participate in proceedings relating to the winding up of the guardianship
estate. She asserts that the trial court erred in refusing to allow her to object
to the final accounting and discharge of the guardian of the ward’s property,
Grove Bank & Trust (formerly Coconut Grove Bank), because the former
guardian and father of the deceased ward, Hyman Ash, failed to comply with
annual accounting requirements justifying his expenditures,
reimbursements, and retention of certain government subsidies. We are
constrained to reverse.
I
The guardianship proceedings underlying this appeal are well known
to this court.1 Aaron sustained catastrophic birth-related injuries, and
settlement proceeds derived from a medical malpractice lawsuit were used
to establish a guardianship. Grove Bank & Trust assumed the role of
guardian of the property. Hyman and Patricia soon divorced. Aaron was
1 See Ash v. Ash, 332 So. 3d 563 (Fla. 3d DCA 2021); Ash v. Coconut Grove Bank, 443 So. 2d 437 (Fla. 3d DCA 1984); Ash v. Ash, 380 So. 3d 1144 (Fla. 3d DCA 2022); Ash v. Coconut Grove Bank, 448 So. 2d 605 (Fla. 3d DCA 1984); Ash v. Coconut Grove Bank, 437 So. 2d 683 (Fla. 3d DCA 1983).
2 adjudicated incapacitated when he reached the age of eighteen, and Hyman
was appointed to serve as Aaron’s plenary guardian.
In 2018, Patricia sought a determination from the trial court that she
was an interested person in the guardianship proceedings. Hyman objected,
and the probate court entered an order ruling that Patricia was an interested
person the following year. Patricia then unsuccessfully petitioned to replace
Hyman as guardian. She appealed, and this court reversed. Ash, 332 So.
3d at 570. Upon remand, the trial court appointed Patricia as Aaron’s
successor guardian.
Aaron passed away in 2022, and the parties opened an estate. By
stipulation of the parties, the probate court appointed a curator. The
following year, Hyman filed a petition seeking historical reimbursements for
a three-year period. Less than two months later, Grove Bank & Trust filed a
petition for discharge, along with a final report and accounting. Patricia
lodged an objection, and Hyman filed an amended petition seeking further
reimbursements. Patricia again objected, this time joined by the curator, and
filed a complaint to compel an accounting and for damages against Hyman
and the Hy Ash Living Trust.
Hyman filed a second amended petition seeking yet additional
reimbursements and moved to dismiss Patricia’s complaint for lack of
3 standing. The trial court entered an order determining that Patricia lacked
standing and discharging Grove Bank & Trust. This appeal ensued.
II
A
We review an order adjudicating a lack of standing de novo, as it raises
a question of law. See In re Guardianship of McLain, 406 So. 3d 1134, 1138
(Fla. 2d DCA 2025). The touchstone of standing is whether a would-be
litigant has established that he or she reasonably expects to be directly or
indirectly affected by the outcome of the proceedings. See Hayes v.
Guardianship of Thompson, 952 So. 2d 498, 505 (Fla. 2006).
B
Guardianships in Florida are governed by a series of “statutes and
rules [that] complement one another.” Id. at 506. In enacting the
guardianship statutes, the Florida Legislature articulated that the protection
of wards and management of their financial resources are the polestar in
such proceedings. See § 744.1012(3), Fla. Stat. (2024); In re Guardianship
of Stephens, 965 So. 2d 847, 852 (Fla. 2d DCA 2007); Romano v. Olshen,
153 So. 3d 912, 917–18 (Fla. 4th DCA 2014). Consistent with this principle,
“when deciding whether a person has standing to participate in a specific
guardianship proceeding, the court should begin by considering both the
4 provisions of the Florida Guardianship Law and any pertinent Florida
guardianship rules.” Hayes, 952 So. 2d at 505–06. In this vein, “[i]f a party
asserting standing is either entitled to notice or authorized to file an objection
in the proceeding under either the statutory provisions or the rules, that party
should [ordinarily] have standing to participate in the proceeding. Otherwise,
the right to receive notice or file an objection would be meaningless.” Id. at
506.
“[C]ourts must scrupulously oversee the handling of the affairs of
incompetent persons under their jurisdiction and err on the side of over-
supervising rather than indifference.” Id. at 508 (quoting Bachinger v.
Sunbank/ S. Florida, N.A., 675 So. 2d 186, 188 (Fla. 4th DCA 1996)). This
is particularly true when fees and reimbursements are involved because the
ex parte procedure used in such instances typically circumvents the requisite
scrutiny. Id. at 506.
In some proceedings, the heirs of a ward may be considered
“interested persons,” depending on the nature of the issues involved. Id. at
507–08. Indeed, courts have recognized that at times, one petitioning for
guardianship fees may have interests adverse to the ward. See e.g., In re
Guardianship of Shell, 978 So. 2d 885, 888 n.1 (Fla. 2d DCA 2008). Section
744.391, Florida Statutes contemplates appointing a guardian ad litem
5 where a current guardian harbors a conflict. This procedure is designed to
ensure the interests of the ward are protected before discharging the
guardian of the property, as set forth in section 744.531, Florida Statutes.
See id. (“If the court is satisfied that the guardian has faithfully discharged
her or his duties, has rendered a complete and accurate final report, and, in
the case of a guardian of the property, has delivered the property of the ward
to the person entitled, and that the interest of the ward is protected, the court
shall enter an order of discharge.”) (emphasis added); see also McLain, 406
So. 3d at 1139–40 (noting that the personal representative of the ward’s
estate had standing to lodge objections as to expenditures and fees from
ward’s assets).
C
In this case, the trial court expressed valid concerns over the many
years of protracted litigation and the potential for overlapping judicial labor.
And as the court suggested, the estate proceedings offered an alternative
venue for the continued litigation of any allegations of misuse. But based on
the procedural history and the nature of Patricia’s interests, we cannot
sustain the lack of standing finding. Such a finding would equally divest her
of the ability to raise her concerns in the estate proceedings.
6 Patricia obtained an order from the trial court nearly a decade ago
determining she was an interested person.2 That order was never appealed.
A panel of this court similarly deemed Patricia an interested person in the
underlying case. See Ash, 332 So. 3d at 564 (“Patricia Ash, the mother of
the adult ward, is an ‘interested party’ in the underlying guardianship case
and the petitioner below.”). Nor has this determination been overturned.
Independent of these rulings, as the successor guardian, Patricia was
entitled to receive notice before the approval of any petition for fees or
expenses. See § 744.108(6), Fla. Stat. The notice requirement necessarily
presupposed she was, at a minimum, authorized to object to any potential
misuse of the ward’s assets. This is particularly true because Patricia was
not only the guardian but the ward’s mother and therefore stood to inherit
under the laws of intestacy.
Under these circumstances, we conclude that Patricia established she
would “reasonably be expected to be affected by the outcome of the . . .
proceeding.” See § 731.201(23), Fla. Stat. (2024); see also § 744.1025, Fla.
Stat. (“The definitions contained in the Florida Probate Code shall be
applicable to the Florida Guardianship Law, unless the context requires
2 Patricia’s petition for interested person status followed on the heels of the Florida Supreme Court’s decision in Hayes.
7 otherwise, insofar as such definitions do not conflict with definitions
contained in this law.”). We thus reverse and remand the orders under
review. In so doing, we do not purport to restrict the trial court from effectively
streamlining the proceedings. We simply find that Patricia has standing to
participate.
Reversed and remanded.