Florida Guardianship Law: Who has the Capacity to Enter into a Contract with an Attorney?

If the ward is determined to be incapacitated by a Florida guardianship court, does he or she still have the capacity to hire a lawyer? Can a ward reach out directly to an attorney to hire him or her as the ward’s attorney? Does a ward have a right to an attorney?  If you are involved in a guardianship in Florida, you probably want to know the answers to these questions. A recent Third DCA opinion, Jacobsen v. Busko provides the answers. 

Here, the Florida court determined the ward to be incapacitated and appointed a guardian. Although Florida Statute 744.3215(1)(l) provides that a ward IS entitled to counsel, the ward lost her right to contract with a lawyer when she was deemed incapacitated. Therefore, only the ward’s guardian can contract with a lawyer on behalf of the ward. This means that, although the ward is entitled to a lawyer, the guardian of the ward is the one who gets to choose the lawyer and contract with the Florida lawyer on behalf of the ward. To read the entire case, click here. If you would like to interview a West Palm Beach guardianship lawyer. free of charge, call (561)514-0900 ext.101.