Chapter 744 of the Florida Probate Code is all about Florida guardianships.
Florida Guardianship Law– what every Florida probate lawyer knows
- While Chapter 744 of Florida statutes is all about Florida guardianships, the Florida Probate Code is all about Florida estates & guardianships — what Florida probate lawyers generally refer to as “Florida probate”
- Rule 5.030 of the Florida Probate Code states that “every guardian and every personal representative [ of a Palm Beach estate ] SHALL be represented by an attorney admitted to practice in Florida.
- The only exception is for certain Florida probates: where you are the “sole interested person” in the Florida estate.
- Well, maybe there is another exception: if the Florida guardian or the personal representative of the Florida probate is a Florida lawyer, then he or she can represent themselves.
- Lawyers NOT admitted in Florida are NOT lawyers for the purposes of the Florida probate code or the guardianship code
- That means that if you are Florida probate lawyer and pay referral fees to attorneys, you can only do so to FLORIDA Probate Lawyers, not lawyers who are not admitted in Florida. Florida Probate Lawyers know that we are prohibited by the Florida Bar Rules from sharing fees with a non-attorney—an attorney who is not admitted to Florida is a non-attorney
- If a Florida Probate Lawyer is suspended from the practice of law, the Bar or the Supreme Court of Florida, typically requires you to notify all parties and courts. You can’t then continue to represent yourself in a Florida probate or a Florida guardianship. See the April 24, 2014 case of the Florida Bar v. Townsend, 39 Florida Law Weekly S 273, Case SC11-2286.