Guardianship Fees Florida — who can object?
Everyone has read about the Britnye Spears guardianship. In Florida, which has a healthy “golden years” population, guardianships are common. And so are the expenses. Who pays for the guardianship fees Florida. And how does a family member object? We have previously provided a number of Legal Videos on Florida Guardianship. Now let’s discuss a Florida Appeals court opinion from In Re: Guardianship of Martino. This 2nd District Court of Appeal opinion was handed down July 8, 2020.
Florida Guardianship Law
If you want to read about Florida guardianship law, consider reading Chapter 744, Florida Statutes. That’s the Florida Guardianship Code. It explains the intent of those laws. It also sets forth rights and obligations and procedures. A Florida guardianship starts with a court filed document. Typically, two of them. You file a Petition for Determination of Incapacity when you believe that someone is in need of assistance. When they can’t handle their own affairs. You also typically file a Petition for Appointment of Guardian. If the judge agrees with you that the “alleged incapacitated person” needs assistance, she will then turn to the issue of whether a guardian is needed. And who the guardian should be.
Guardianship Fees Florida
If a guardianship is created, pay attention. If you are involved in the guardianship, you will get a lot of information. The court appointed guardian is required to share information with you (if you are an “interested” person. That is, if you have “standing.” ) Read the Florida Guardianship Plan. Read the Guardian’s accountings of the assets and money. A tracking of all expenses and fees. This includes how much the guardian is paying herself and her attorneys. If you don’t like what you see, you need to object. If you believe the guardianship fees Florida are unreasonable or excessive, then take a stand. File papers with the court and be heard. Remember, the law does NOT help those who remain silent. Silent can be interpreted as you agreeing. The law helps those who exercise their rights, who find a voice and who take a stand. To read about the criteria for Guardianship Fees Florida, read Chapter 744.108, Florida Statutes. This is part of the Florida Guardianship Code.
2nd DCA Explains Guardianship Fees Florida
The 2nd District Court of Appeal issued a written opinion on July 8, 2020. This guardianship appeal dealt with primarily two things. The first was standing. Who has the legal ability to participate in a Florida guardianship? And, who can object to the guardianship fees Florida? Second, what are reasonable fees? You can read the opinion in In Re: Guardianship of Martino by clicking HERE. Family members and spouses, and even adult children, want to know how much is paid out. And they are entitled to know that. After all, in Florida Guardianships, there is a rule of transparency and disclosure. But, all the fees and expenses of the guardianship, including for the guardian’s lawyers, are paid from the Ward. (The person who is the subject of the guardianship.) Since guardianships are in the Probate Divisions of our court system, consider reading the Florida Probate Rules.