Does Florida Law Require That an Attorney Be Appointed for Pesons Alleged to Be Incapacitated?

Do you know what a Florida guardianship is? What is an incapacity hearing? When do I need a West Palm Beach probate litigation lawyer? If I am being taken to Florida probate court to potentially be deemed incapacitated, am I entitled to an attorney? Do I have to be represented by a court appointed guardianship lawyer at my incapacity hearing, or can I choose my own lawyer? If you or a family member is involved in West Palm Beach guardianship litigation, you should read a recent Fourth DCA opinion, Campbell v. Campbell.

In Campbell v. Campbell, an attorney was appointed to represent Lilli Campbell in a Florida incapacity proceeding filed by her son. However, the attorney who was appointed never contacted her. Therefore, Ms. Campbell went and obtained her own Florida guardianship lawyer to represent her in the hearing. The trial court said that  it “will not entertain a substitution of counsel motion until the incapacity petition has been herd in order to determine whether the alleged incapacitated person had the ability to contract with a new attorney.” However, the 4th DCA disagreed. Florida Statute 744.331(2)(b) states that a lawyer must be appointed for persons alleged to be incapacitated. However, it also says that the alleged capacitated person is allowed to substitute the appointed attorney for his or her attorney of choice. To read the entire case, click here.