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SANJUAN v. MENA (2022)

District Court of Appeal of Florida, Fourth District.2022-09-07No. No. 4D21-2857

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Opinion

Diego Sanjuan timely appeals the circuit courts 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 wards appointment of a health care surrogate. We affirm the courts appointment of the brothers as co-guardians without further discussion. But we reverse the courts revocation of the wards 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 Dept 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.