Florida Courts Assess Money Damages Against a Guardian: a look at “surcharge”
What do you do if a Florida guardian is acting improperly? Florida places strict duties and great obligations upon a fiduciary such as a Florida trustee, a Florida personal representative or executor…..including Florida guardians. If a Florida guardian is acting improperly, he or she may be fined by court. Put another way, a court has an inherent right to sanction bad conduct, or to assess money damages against a Florida guardian or a Florida trustee or Florida personal representative. We often refer to this monetary fine as a “surcharge”. A recent case discussed what a surcharge is and how it may apply in the case of a Florida guardianship. Florida courts and probate courts in Palm Beach County, Miami-Dade County and Broward County, Florida have a number of guardianship matters and incapacity hearings. If you would like a copy of the case on surcharge in a guardianship matter, please email michelle@pankauskilawfirm.com. Advocate hard. Litigate smart.