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Florida Appellate Lawyers and Guardianship Cases

Uncategorized Aug 26, 2020
post about Florida Appellate Lawyers and Guardianship Cases

What is an appeal? When might I need a Florida appellate attorney in my guardianship case? When do you need to hire a Florida appellate attorney? What guardianship orders are appealable? What can I do if I do not agree with a judgment issued in my West Palm Beach guardianship proceeding?How can guardianship litigation lead to a guardianship appeal?

Florida Guardianship Litigation and Appeals

Florida guardianship lawyers know that some guardianship proceedings can lead to an appeal. For example, if you disagree with a final judgment or order, you may wish to file an appeal. On the other hand, if you win, the other side may appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney.

Hiring Florida Guardianship and Appellate Lawyers

If you are in the process of hiring a Florida law firm to assist you with guardianship litigation, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the guardianship world, appeals do occur.

What if you win a lawsuit and the other side decides to appeal? You will want to make sure you have an appellate attorney, who is knowledgeable about both the Florida Rules of Appellate Procedure and Florida Guardianships, ready to assist.

At Pankauski Hauser Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by The Florida Bar in Appellate Practice.

Because our firm’s focus is litigation and appeals, our trust lawyers know what to do during trial to ensure that issues are preserved for appeal, if necessary. In addition, having powerful trial lawyers and appellate lawyers in one firm is beneficial because you may save time and money during the appeal due to the fact that the firm is already familiar with your case. If you need to hire a separate Florida appellate attorney, that attorney will need to obtain and review all of the trial level documents before starting the appeal, which usually takes time and money.

Adult Guardianships and Lawyers

If you are involved in guardianship litigation, you will want to hire a firm that has experienced litigators and appellate attorneys who focus on guardianships.

When most people think of a guardianship, they think of minor children. However, at our West Palm Beach law firm, we focus on adult guardianships.

Any Florida guardianship attorney can tell you that guardianship litigation is booming. Unfortunately, many guardianships are filed to prevent or protect elderly family members from being taken advantage of by greedy caretakers, friends, neighbors etc. Oftentimes, we get calls from people who believe that someone is taking financial advantage of an elderly person. In other circumstances, the children of an elderly person call us because they believe their mom or dad is not properly caring for himself or herself.

Florida Guardianship Appeal: Jones v. Guardianship of Jones

A February 14, 2020 opinion, Jones v. Guardianship of Jones, is a great example of a Florida guardianship appeal. In Jones v. Guardianship of Jones, the court discusses whether or not the daughter of the ward should receive compensation for the services she provided as her dad’s appointed guardian.

A court order denied the daughter’s request for guardian compensation stating that, as the ward’s daughter, she had an obligation to provide such services for the ward without compensation. However, the 5th DCA reversed and remanded this decision.

The appellate court explains that a guardian who is a family member is entitled to compensation for services that would be reasonably performed by a professional or other non-family member guardian necessary to discharge a guardian’s duty to the ward.

However, a family member guardian is not entitled to compensation for services that any family member would do for their relative under the circumstances. In other words, a family member guardian is not entitled to compensation for doing what any daughter does.

If you looking to file a Florida guardianship, or if you are involved in guardianship litigation, you may want to consult with an experienced guardianship lawyer. To interview a lawyer at Pankauski Hauser Lazarus, free of charge, call (561)268-0233 ext.101.