Guardianship proceedings can be a strenuous and expensive thing. Often you want an elderyly parent to be taken care of but they are not prepared to fight the fight. You will have to tell them that you do not feel they can take care of themselves, whether it be in the court room or prior to the hearing. A case out of Florida that was decided March 4, 2015 discusses a common scenario the court has to decide who pays for all the costs of guardianship, and keep in mind its usually the elderly ward.
- The Second District Court of Appeal dealt with the case of Steiner v. Guardianship of Steiner where two children petitioned for guardians of their elderly parents.
- The parents (John and Joan Steiner) objected to the imposition of attorney’s fees for the filing of their own involuntary guardianship. That’s right the Court ordered them to pay for guardians and proceedings they did not even want that were instituted against them.
- The court denied the original guardianship provisions and no guardianship was ever placed over either of the Steiners or their property. They were appointed counsel for the proceedings and these counsel filed for fees.
- The attorneys claimed their right for fees was grounded in Fla. Stat. 744.331. While this case was being decided another case came up on appeal and it was held that when guardianship is not set up a party has no burden to pay attorney’s fees.
Any Palm Beach Guardianship Attorney can tell you involuntary guardianships are the worst, family members and loved ones have lived long proud lives and often find the idea of being a ward insulting. In this case the children filed their motions in good faith and they still were not granted, and trust me there was probably some disputes after the fact. It would not surprise me to here the parents adjusted their estate plans slightly out of anger, or worse disinherited the children completely. Either way, guardianship does not have to be World War 3.
3 Tips for a Smooth Transition into Adult Guardianship from an Experienced Palm Beach Probate Attorney:
- Plan in Advance by Setting up “Waypoints” that will allow for the transition to be accepted by all parties involved. Maybe after Mom turns 75 it is agreed you will become her guardian, maybe it is agreed that when the family doctor recommends guardianship that it will be entered into voluntarily. You can get these agreements in writing too if anything they put everyone on the same page but better they tend to avoid family feuds.
- Listen. Sometimes its not about the actual idea of establishing a guardianship sometimes it’s a question of terms, listen to your loved ones and hear what is important to them. We spend ample time listening to the elderly tell us their last will and testament but with guardianships often their needs can be put to the side, this will only increase feuds.
- Be Alert. Just because your loved one has a guardian does not mean you can ignore them. Look at the recent cases such as with former Cub Mr. Ernie Banks, caretakers and guardians can still take advantage. Always make sure to be vigilant.
Want to learn more about guardianship in Florida? Check out our FAQ video library here.