5J11f2fl131225 PM
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`. IN THE CIRCUIT COURT OF THE 11THJUDICIAL CIRCUIT
`IN AND FOR MIAMI-BABE COUNTY. FLORIDA
`PROBATE DIVISION
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`File Number: treats GD oz
`Division: 04
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`iN as: sunnoinnsHie DF
`GLADYS cases. ware
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`ORDER ON PETITION TO EOUITABLY DISTRIBUTE JQINT BANK ACCOUNT FUNDS '-
`OWNED B‘I" WARD AND HER EIETER LADILA CASAS
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`THlS CAUSE. having come before this Honorable Court on the Guardian's Petition to
`Equitably Distribute Joint Bank Account Funds Owned by Ward and her sister. Ladila Cases.
`in
`attendance were Caren Lesser. Esd.. Counsel for Guardianship Program of Dade County. lnc..
`["GPDC'). Ftegina Emperador. GPDC Intalte Coordinator. Ladila Cases. SistertJoint Account
`Owner: Carlos Ctiaz.
`relative: Edelmrra Elias.
`relative: Manuel Fernandez. neighborffriend;
`America and Richard Paley. neighborsttriends. and the Court. having reviewed the file. being
`apprised in the premises and having received evidence and taken testimony. makes the following
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`FINDINGS OF FACT:
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`1. The Guardianship Program of Code County was appointed plenary guardian of Gladys
`Casas ("Ward") on August 24. 201? pursuant to a Petition to Determine Incapacity and
`for Appointment of Guardian filed by her nursing home. The Ward currently resides in a
`nursing home where she has resided since June 201?
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`2. According to testimony. during the course of her life the 1v'v'ard resided with her two
`sisters. Ladila Casas and Edita Casas.
`in a condominium jointly owned by all three
`ssters
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`3. The 1v'tiard and her sister Ladila Casas owned a Wells Fargo joint bank account {“**
`DETT] which is the subject of these proceedings. They managed their household with joint
`contributions from their individual incomes. Funds in the amount of $24.4395‘I which
`were held in the joint account {“‘ -.j and identified by DCF. were transferred by
`Ladila Gesas into a separate solely owned Wells Fargo account [-j and GPDC. It
`was reported that a substantial amount of the funds sttil remain in the account.
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`A. The guardian reported that it cannot obtain institutional Care Program benefits from the
`State of Florida to pay for the Ward's nursing home stay because the funds held in the
`joint DEIIII'i account have disqualified her from eligibility thus far. According to the
`Guardian. the Ward has accumulated substantial debt for her room. board and care from
`June 201 i‘ to the present time.
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`5. The guardian reported having made repeated attempts to reach out to Ladila Gases. as
`well as the Ward's relative Carlos Diaz. who appeared as Power of Attorney for Ladila
`Cases. and Manuel Fernandez who appears as another purported Power of Attorney for
`Ladila Casas. in an effort to amicably divide the bani: account 1Funds and proceed to apply
`for appropriate government benefits for the Ward
`The guardian reported that both
`Carlos Diaz and Manuel Fernandez made efforts to assist in the resolution of this matter.
`however no resolution has been reached.
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`b'. Evidence of a June Edi T 34.2% deposit into the [*“DETN account by the 1illiard’s sister
`Edita Casas was presented by Manuel Fernandez.
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`T. This Court recognized the contribution of $4,200 and the need to equitably divide the
`remaining jointly held funds in the amount of 332025351. This Court explained that an
`even division of the remaining funds would be a fair and equitable based on the joint
`contributions to the account.
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`3. The Iil'v'ard’s family and fnends requested that there be an unequal distribution of funds
`from Gladys Casas to Ladila Casas to cover certain household expenses for their jointly
`owned condominium. The family and friends were directed to provide the guardian with a
`list of household expenses that may qualify for a credit to Ladila Cases.
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`9. As a follovir up to the hearing and with regard to the household expense payment issue.
`the guardian filed a Report to Court dated May i. sold with the Clerk of Court which
`indicates the result of the guardian's review of the Ward’s government entitlements.
`According to the guardian. as of June 201?. the Wards funds cannot be utilized for any
`household expenses due to her nursing home placement and obligation to qualify for the
`State of Florida Institutional Care Program
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`It is hereby ORDERED AND ADJLIDGED:
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`1
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`This court has jurisdiction of the parties and subject matter in this case.
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`2. The Petition for Distribution of Joint Bank Account Funds Owned by Ward and Her Sister
`Ladila Cases filed by GPDC is GRANTED
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`3. The July 201? balance of 524.439.61. as identified by the State of Florida is to be
`reduced by s4.2oo. which was a cash deposit made by Edita Cases. The remaining
`funds of $20,269.61 are to be divided between Gladys Cases and Ladila Casas forthwith
`in the amount of $10.134E1 distributed to each.
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`4. Wells Fargo shall distribute $1fl,134.61 to the Guardianship of Gladys Cases from the
`account in Ladila Casas' name. ending in ”"4931.
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`5 The family andior friends who wish to participate in further hearings shall file a Red uest to
`Receive Notice and Copies with the |Clerl-r of Court.
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`6. This Court retains jurisdiction to enter any further orders as deemed necessary.
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`BONE AND ORDERED in chambers in Miami-Dede County, Florida on
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`CIRCUIT COURT JUDGE CELEETE H. MUIR
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