Wixtrom v. Department of Children and Family Services (In re J.D.S.) case brief

Wixtrom v. Department of Children and Family Services (In re J.D.S.) case brief summary
864 So.2d 534 (2004)

CASE SYNOPSIS

Appellant professional guardian petitioned the Circuit Court for Orange County (Florida) to be appointed guardian of the fetus of an incapacitated female. The trial court ruled that it was error to appoint a guardian ad litem for a fetus. The professional guardian filed a motion for rehearing. After the motion for a rehearing was denied, the professional guardian filed a notice of appeal.

CASE FACTS
The professional guardian alleged that the appointment was essential because the incapacitated woman who was carrying the fetus lacked the mental capacity to provide proper prenatal care and to make necessary decisions for the protection and enhancement of the fetus during its formative months. The trial court cited several cases which held that a fetus was not a person within the meaning of certain statutes. Furthermore, the trial court noted that Fla. Stat. ch. 744 did not provide for the appointment of a guardian for a fetus.

DISCUSSION

• On appeal, the court found that ch. 744, which governed guardianships, did not provide for the appointment of a guardian for a fetus. 
• The absence of a provision for fetuses meant that the protection of the statute did not extend to fetuses. As ch. 744 did not provide for the appointment of a guardian for a fetus, explicitly or implicitly, the trial court correctly denied the professional guardian's petition to be appointed guardian of the incapacitated woman's fetus.

CONCLUSION
The judgment was affirmed.

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