Can an Alleged Incapacitated Person File a Motion for Substitution of Cousel?
What is a motion for substitution of counsel? What does a motion for substitution of counsel have to do with guardianship litigation? According to Florida law, does an alleged incapacitated person have a right to have counsel of his or her own choosing? Does an alleged incapacitated person have the right to have a motion for substitution of counsel granted? You may want to read a 2017 Florida guardianship opinion,Campbell v. Campbell .
Here, the First DCA discusses whether or not an alleged incapacitated person’s motion for substitution of counsel should have been granted by the Florida trial court. The trial court held that it ” will not entertain a substitution of counsel motion until the incapacity petition has been heard in order to determine whether the alleged incapacitated person had the ability to contract with a new attorney.” The 1st DCA disagreed. As the opinion explains, Florida law provides that an an attorney be appointed for persons alleged to be incapacitated. However, the statute also provides that an attorney of choice may be substituted. To read the entire case, click here.