Filing # 104938594 E-Filed 03/16/2020 01:34:08 PM

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
GUARDIANSHIP DIVISION
CASE NO: 502014GA0000267XXXXMB
IN RE:
GUARDIANSHIP OF
MARGARET ESTELLE REID

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PETITIONER DONNA REID O’NEIL’S EMERGENCY MOTION TO COMPEL
GUARDIAN MARGARET REID FALLON TO ALLOW UNRESTRICTED
VISITATION RIGHTS TO WARD
Petitioner, DONNA REID O’NEIL, hereby files her Emergency Motion to Compel
Guardian Margaret Reid Fallon to Allow Donna Reid O’Neill Unrestricted Visitation to the
Ward, and states as follows:
1. Petitioner Donna Reid O’Neil (“Donna”) is an Interested Person, nominated
successor Guardian of Margaret Estelle Reid (“Ward”) and eldest daughter of the Ward.
2.

As the Court is aware, the Ward is residing in an Assisted Living Facility, not a

nursing home, for the last couple of years.
3.

In order to assist and care for the Ward, Petitioner obtained her Certified Nursing

Assistant license (“CNA”).
4.

The Ward’s medical condition has decreased severely over the months since

being in the Assisted Living Facility. Recently, the Ward developed a bed sore on her back
which has grown, potentially exposing the Ward to an infection. The Ward now has 24-hour
VITAS hospice care providing her pain control and comfort.
5.

In addition, the threat of the Corona Virus breakout, especially in elderly people,

has put the Ward at further risk.
1

 6.

The Petitioner has requested that the Guardian allow Petitioner to visit the Ward

overnight in order to provide her further comfort during what could be her final moments. The
Guardian has denied this request citing Meridian’s policy which allegedly does not allow for
overnight visitation unless they are an insured licensed CNA. However, the policy provided does
not provide for said restriction.
7.

Petitioner has been informed by other residents’ family members in the same floor

of the Ward that they have been allowed to stay past visitation hours and even overnight.
8.

This Court has the authority to compel Margaret as the Guardian from allowing full

access to the Ward and the property the Ward is residing in. See. Fla. Stat. §744.361(13); K.A.S.,
as Guardian of the Property of T.J.M.; and G.M., v. R.E.T. and S.L.T., as Co–Guardians of the
Person of T.J.M., 914 So.2d 1056 (Fla. 2d DCA 2005).
9.

The undersigned counsel has attempted to resolve this matter with the Guardian’s

counsel; however, a resolution was not reached prior to the filing of this motion.
10.

Petitioner wants to be able to provide the Ward comfort and support during this

difficult time. As a family member, the Petitioner and all the Ward’s children should be allowed
unrestricted access to the Ward to spend additional time with the Ward before she passes.
WHEREFORE, Petitioner, DONNA REID O'NEIL, respectfully requests this Court to
compel Margaret Reid Fallon as Guardian to allow unrestricted access and visitation by Donna
Reid O’Neil to the Ward and grant such other and further relief as it deems just and proper.

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 Respectfully submitted.

HELOIZA A. ORREA. P.A.
Counsel for Donna Reid O?Neil

1571 NW 13 T.

Miami. FL 33125

Of?ce: 786-352-2497

E-mail: 

By: Heloiza Correa

HELOIZA A. CORREA. ESQ.

Florida Bar No.: 78124
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing instrument was emailed to the below
service list 011 March 16. 2020.

By: Heloiza Correa
HELOIZA A. ORREA. ESQ.

SERVICE LIST

 

Lalu?a Bourne Blu'khalter. PA

ormsel for Margaret Reid Fallon
515 North Flagler Drive. Suite P-300
West Palm Beach. FL 33401
Telephone: (561) 370-7388
Facsimile: (305) 757-3396

Primary Email: 
Secondaly Email: ecilia@lbbpa.net

Christopher J. Reid

    

 

Edward P. Reid Lawrence T. Reid. Jr.

   

 

 

Bryan J. Yarnell. Esquire Thomas V. Reid
Co-Cozmsel for Donna Reid 0 ?Neil
Yarnell Nieves

esewice@ ivilLawFlorida .com

 

 

 

 

DJ