Filing 29405751 E?Filed 07/08/2015 03:08:31 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000472 I Probate Division 18 IN RE: THE GUARDIANSHIP OF ROBERT PAUL WEIN, The Ward. I MOTION FOR SANCTIONS AND REMOVAL OF GUARDIAN Comes now, Vita Wein, by and through the undersigned counsel and as an interested person in these proceedings under Fla. Prob. R. 5.060, hereby moves this Court pursuant to Fla. Prob. R. 5.660 and Sections 744.474 and 744.108, Florida Statutes, to sanction the Petitioner, Elizabeth Savitt (Petitioner), together with her attorney in this action, and to remove the Petitioner as guardian for the Ward, and states as grounds: 1. Fla. Prob. R. 5.660 authorizes an interested person in a guardianship proceeding to petition the Court for removal of a guardian. 2. Section 744.474, Florida Statutes (2014), sets forth the reasons for removal of a guardian. It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial. The ?duciary relationship that exists between the guardian and the ward may not be used for the private gain of the guardian, other than the payment of fees and expenses reimbursable to the guardian as provided by law. Section 744.474 permits the removal of a guardian for failing to discharge duties, abusing guardianship powers, and developing of a con?ict of interest between the ward and the guardian, among other reasons. 3. Certainly the Petitioner, as guardian of the Ward, has a ?duciary duty to the Ward to not take any action that results in private gain of the Petitioner or any of her agents, including her attorney. Reed v. Long, 111 So. 3d 237 (Fla. 4th DCA 2013). FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 7/8/2015 3:08:31 PM GW- 9597? 4. On June 10, 2015, the Petitioner testi?ed in her deposition that she has paid in guardianship fees and her attorney $8,861.65 in attorney?s fees, from the Ward?s guardianship account, all without prior court approval. At the time of her testimony, the Petitioner was unable to produce any billing records to substantiate the disbursements made from the guardianship account which contains substantial assets belonging to the Ward. 5. Section Florida Statutes (2014), entitles guardians and attorneys to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward; however, the entitlement to fees and costs is not without limitation. Pursuant to Section the Court is required to consider a number of factors before awarding fees and costs to a guardian or attorney for the ward. In addition, the guardian or attorney is required to provide an itemized description of the services performed for the fees sought to be recOVered. Section Florida Statutes (2014). 6. Here, the Petitioner and her attorney took disbursements from the Ward?s guardianship account without ?rst petitioning the Court to make a determination of the reasonableness of the disbursements in light of the factors to be considered pursuant to Section Furthermore, the Petitioner has failed to itemize the services performed for the fees already disbursed. When the Petitioner was first deposed in this action and later noticed for a subsequent deposition, a formal request was made for the production of the Petitioner?s itemized billing statements. Still, the itemized statements Were not produced and have yet to be produced to the Court or Vita Wein. So far, the Petitioner and her attorney have collected fees from the guardianship account without petitioning the Court for the same and prior to itemizing the services for which the fees were disbursed. This conduct breaches the fiduciary duty owed to the Ward and is in direct violation of Florida Statutes. 7. It is also belieVed that Petitioner has created a con?ict of interest with the Ward requiring removal. The Petitioner has had several written and verbal communications with Daniel Wein, the brother of the Ward, and other members of Daniel Wein?s family, for the purpose of amending the Ward?s trust to include a provision paying $150,000.00 from the trust?s assets to Daniel Wein. It 2 appears from deposition testimony of the Petitioner that Daniel Wein is surreptitiously directing the Petitioner?s conduct in this action for his own ?nancial gain. 8. Acting according to Daniel Wein?s demands, the Petitioner has failed to exercise any independent judgment in this action and as a result has navigated these proceedings without considering the best interest of the Ward or his assets. 9. The deposition of Jordan L. Klingsberg, Esq., who was a former attorney of the Ward for purposes of estate planning, revealed that the Ward wished to foreclose Daniel Wein from the Ward?s trust because Daniel Wein was stealing from the Ward?s assets. Nevertheless, the Petitioner is seeking to amend the Ward?s trust for the sole bene?t of Daniel Wein. 10. Vita Wein fails to comprehend how such an amendment would be bene?cial to the Ward when it is so undeniably against the Ward?s previously expressed desires to exclude Daniel Wein from the Ward?s trust. 11. Finally, the Petitioner is attempting to annul the longstanding marriage between the Ward and Vita Wein, despite the Ward?s requests to the contrary. During her deposition on June 10, 2015, the Petitioner testi?ed that the Ward wanted to keep things the same and continue supporting his wife, Vita Wein. Nevertheless, the Petitioner continues to pursue a petition ?led for the purpose of ultimately annulling the Ward?s marriage. During the entirety of this action, the Petitioner has systematically disregarded the desires and best interests of the Ward. The course of action undertaken by the Petitioner and her attorney is unconscionable, at best, and sanctionable in all regards. 13. For the foregoing reasons, the Petitioner and her attorney should be sanctioned and the Petitioner should be removed as guardian for the Ward. In addition, the Petitioner and her attorney should be ordered to pay the reasonable attorney?s fees and costs of Vita Wein, who pursues the relief sought herein for the bene?t of the Ward and his assets. WHEREFORE, Vita Wein respectfully requests this Court to enter an order removing the Petitioner as guardian of the Ward, sanctioning the Petitioner and her attorney for receiving disbursements from the guardianship account without Court approval, awarding attorney's fees and costs to Vita Wein, and entering such further relief as the Court deemsjust under the circumstances. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 7, 2015, a copy of the foregoing was e-?led with the Court and sent to Ellen S. Morris, Esq., Elder Law Associates, P.A., 7284 W. Palmetto Park Road, Suite 101, Boca Raton, FL 33433 by e-service at Irubin?elderlawassociateseom, and Daniel Wein, 9717 N. New River Canal Road #410, Plantation, FL 33324 by e-service at dweinS?SOE?aoleom and staeyweini?laolcom; and Jordan L. Klingsberg, Esq., 2101 NW. Corporate Blvd., Suite 107, Boca Raton, FL 33431 by e-service at BRUCE S. ROSENWATER ASSOCIATES, P.A. Counsel for Vita Wein 1601 Forum Place [Suite 610 West Palm Beach, Florida 33401 T: 561.688.0991 F: 561.688.0581 infb?rosenwa?rereom bal?fr?zirosenwatercom far-?1 af- .4 :3 so S. Rosenwater Fit%ner7rs?1?07?/