Florida Guardian Wins Probate Appeal on Guardian Fees (November 21, 2014 legal opinion)

If you are a Florida guardian , or are involved in a Florida guardianship and have questions about aguardian’s fees, you may want to read this November 21, 2014 opinion from Florida’s 2nd District Court of Appeal. This guardianship appeal deals with a professional guardian and her challenge to the Probate Court’s ruling on the guardian fees and costs. If you are a guardian of someone in Palm Beach County, Florida, you now have a Florida guardianship appeals court opinion which says that Florida guardians get paid to review and pay an incapacited person’s bills and invoices.

Guardianship Florida & Florida Guardians

• Why is guardian litigation exploding in Florida?
• Ask any guardianship litigation law firm West Palm Beach and they will probably tell you that their caseload on contested guardianships and guardianship cases in Delray Beach have gone up dramatically over the last 10 years
• Many times a guardianship may be needed due to dementia or even Alzheimer’s disease
• There are also guardianship courts, called Probate Courts, in Palm Beach Gardens, Florida and in downtown West Palm Beach
• There is a difference between a Florida lawyer who handles elder law issues and a trial lawyer who handles hotly contested legal fights and guardianship trials Palm Beach

Professional Guardian Appeals Probate Court Ruling on Fees

• A professional guardian challenged, or appealed, the Florida guardianship court’s ruling on her fees and costs
• The case is White v. Guardianship of Gary L. Lubin
• Case No. 2D13-5473
• Judge Wallace wrote the opinion for this Florida guardianship appeal
• Here is the link to read the opinion of this guardianship case from the 2nd District Court of Appeal:
• http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2014/November/November%2021,%202014/2D13-5473.pdf
• January 3, 2011: the probate court appoints the professional guardian to serve asemergency temporary guardian of an incapacitated adult
• March 7, 2011:  the probate court appoints the professional guardian as the plenary guardian of the person and also the property of the Ward (incapacitated person)
• the Ward evidently did not have a lot of money
• The guardian served without compensation or fees for 3 years
• 2013: windfall: the Ward of the guardianship gets a $22,000 check, unexpected
• Does the guardian get paid?
• The guardianship legal issue seemed to be whether the guardian should get compensation for reviewing and paying the Ward’s bills and invoices….yes
• The Florida guardianship appeals court: “Obviously, as plenary guardian of the property, Ms. White was required to examine, approve and pay Mr. Lubin’s bills.  Some portion of her time must be properly chargeable for this task.”