In life, only one thing is certain – aside from taxes, of course.
That’s why, except in rare circumstances, we’ll all have to engage at some point in the probate process.
Less common, though perhaps more often than many would suspect, is the need to become involved in guardianship. It’s something people don’t often see coming and one that can sow division in families and impose burdens on its members.
Inasmuch as the settlement of these two issues is determined in the courts, it is to the benefit of all involved that those charged with ensuring correct outcomes educate themselves on the many parts of the process and keep abreast of changes in the law, whether they come through legislation or judicial precedent.
To that end, Judge Kenneth J. Janesk, county Clerk of Courts and Comptroller Brandon Patty, dozens of attorneys, professional guardians and others have begun to meet quarterly to share information. The effort mirrors what some bar associations do in larger metropolitan areas.
The idea began with board-certified tax attorney Tance Roberts, widely recognized as an authority on guardianship and probate. Roberts approached Janesk, who began his term in January 2021, and suggested the creation of such a group. Janesk, whose background had been criminal law, saw the wisdom of the proposal.
“I loved the idea,” he said. “I said, ‘Let’s do it. I could be your best student.’ Tance has been doing it for a lifetime; I’ve been doing it for a year. So, why would we not? Definitely her brainchild.”
The initiative has proven to be a success. About 50 to 60 people attend each meeting, some in person, others via Zoom.
At a recent meeting, the guest speaker was an officer with the U.S. Navy Judge Advocate General’s Corps — JAG — who was able to introduce attendees to an aspect of guardianship they may not have considered.
“If you’re not a veteran, or you don’t know the military, you may not know what services are available for your client,” said Janesk. “I’m not saying everyone left that meeting as a military law expert, but at least everyone left there with the knowledge of: I’d better ask if they’re a veteran. And if they are, I know who I can call with questions now.”
Probate and guardianship are areas of the law that grant judges a degree of discretion, though perhaps less so with the former than the latter.
In probate, the judge normally relies upon the deceased person’s will. Should they die intestate, however, the law determines how assets are handled.
Guardianship can prove more challenging, even though there is a process for handling these cases, as well.
In a guardianship case, a claim is made that someone is unable to manage their own affairs. The stakes are high because, if the claim is borne out, the person stands to lose his or her civil liberties. It’s a responsibility that Janesk takes seriously.
“They have their right to contract removed from them; they have their right to marry potentially removed from them; the right to even pick who you socialize with can be removed,” said Roberts. “The right to vote, the right to make your health and medical decisions for yourself – that’s a heavy burden.”
Parents may object to a son or daughter limiting their freedom, or they may not even recall designating their child as the guardian should the need arise.
Given what’s at stake, it’s easy to see why a judge would value input from experts in this area of the law, such as Roberts.
A key participant in these meetings is Brandon Patty, clerk of the circuit court and comptroller for the county. His office serves three main functions: it is an independent partner to the judges, the auditor for the county and the custodian of the official county records. It provides a system of checks and balances and ensures that the integrity of information needed to keep everything working is protected.
“Our entire quality of life, way of life, is built upon accurate records,” he said. “If we don’t have accurate records that can actually tell you if you own your home, who you’re married to … there are a lot of things that potentially are contingent upon accurate records.”
In executing decisions regarding probate or guardianship, such recordkeeping is essential, especially since no one judge could possibly keep tabs on all the details of a given case.
“If I, as an individual, had to watch the timeline of all those cases, as well as all the other cases I have, it would fail,” said Janesk. “If an attorney doesn’t file a document in the right amount of time, I don’t have the ability to go look at every case every day. Well, they (Patty’s office) make time for it.”
The importance of this is obvious when you know that there are currently more than 600 guardianship cases in St. Johns County, a third of which have a financial component to them. And where finances are involved, such cases must be safeguarded against the possibility of mismanagement and fraud.
Much is required from those who participate in probate and guardianship cases, and the sharing of information is a valuable tool to help ensure the best possible outcomes. Janesk hopes that, as this initiative succeeds in the Seventh Judicial Circuit, other jurisdictions will want to do likewise.
“Information is power,” Janesk said, “and the more we can learn the better.”
