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Florida Guardianship Litigation: Can a Ward Hire a Lawyer of His or Her Choice?

Uncategorized Jan 10, 2019
post about Florida Guardianship Litigation: Can a Ward Hire a Lawyer of His or Her Choice?

Are you the ward in a Florida guardianship? Have you been deemed incapacitated and appointed a guardian to represent your interests? What is a guardianship in Florida? Can a ward hire a guardianship lawyer? What happens if a ward contacts a lawyer directly to hire him or her? You may want to read a December 19, 2018 Third DCA opinion. 

Here, a ward who was officially deemed incapacitated, and who was appointed a guardian to represent her interests, decided to reach out to a lawyer to hire him. However, when the lawyer filed a motion seeking authorization to represent the ward in the Florida guardianship proceeding, the trial court denied the motion. On appeal, the Third DCA acknowledges that section 744.3215(1)(1) of the Florida Statutes does give the ward  right to counsel. However, when the ward was deemed incapacitated, she lost her right to contract and, therefore, cannot hire the lawyer she wanted. Instead, the ward’s guardian can choose which lawyer to hire on behalf of the ward.

To read the entire case, click here. To interview a Florida guardianship lawyer, free of charge, call (561)514-0900 Ext.101.