When Fees for a Florida Guardian or Attorney are submitted to the Court for Determination, What Criteria Shall the Court Consider?

How do guardianship lawyers in Florida get paid? How does a probate judge determine whether the fees requested by a guardianship attorney are reasonable or not? What happens if the probate judge deems requested attorneys fees unreasonable? What is Florida Statute 744.108? Are there certain criteria that a guardianship court must consider when awarding fees for Palm Beach guardians or lawyers?You may want to check out this May 10,2017 Fourth District Court of Appeal ( DCA) opinion, Meyer v. Watras, regarding Florida guardianships and attorneys fees.

Here, the appellants, Meyer and Meyer Law Firm, appealed the circuit court’s order that awarded them less than what they requested in attorneys fees. The circuit court agreed with an expert that the fees were excessive. According to Florida Statute 744.108(8), a guardianship attorney ” is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.” How does a probate judge determine whether the fees are “reasonable”? On appeal, the appellants argue that the circuit court did not consider the nine factors in section 744.108(2), which is the criteria that the court shall consider when determining fees. What are the nine factors?

744.108 Guardian and attorney fees and expenses.—