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According to Florida law, the wishes of the ward are considered in appointing a guardian. However, they are not controlling:

Hence, under section 744.312, “a person who is related by blood or marriage to the ward” receives preference in appointment. But, the inquiry does not end there. The court has the discretion to appoint a non-relative who possesses particular experience or ability to serve as guardian in meeting the unique needs of the individual case. See, e.g., Treloar v. Smith, 791 So. 2d 1195, 1197 (Fla. 5th DCA 2001) (finding that while next of kin are given first consideration, statute does not mandatorily require that appointment; rather, statute specifically provides that court may appoint any person who is qualified, whether related to ward or not). Similarly, while the wishes of the ward are considered in appointing a guardian, they are not controlling. § 744.312(3)(a), Fla. Stat.; Ahlman v. Wolf, 413 So. 2d 787, 788 (Fla. 3d DCA 1982.

See: DR v. Heidrich, 312 So. 3d 517



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