Does an Incapacitated Person Have the Ability to Choose His or Her own Attorney
If deemed incapacitated, can the ward still chose their own lawyer?
Florida Guardianship Litigation, does the ward, the alleged incapacitated person have the ability to chose his or her own attorney.
Hello, my name is John Pankauski.
You know the lawyers at my firm Pankauski Hauser get calls virtually every day, well certainly every week about Florida Guardianship Law. Litigation involving somebody who may or may not need protection and a court appointed guardian. We can talk all day about a court guardianship is proper or not, or whether you can avoid that properly and legally. But what do you do if somebody is alleged to be incapacitated and is found to be incapacitated, we call that person a ward right, and that person is suppose to have an attorney. Every guardianship lawyer in Florida knows one of the most important things a court can do appoint a lawyer to represent somebody who is the subject of a guardianship. But what if that person doesn’t want that court appointed lawyer, can he or she, the ward, the alleged incapacitated person, hire her own attorney in a Florida Guardianship matter. For more on this, read Florida’s 1st District Court of Appeal opinion from May 16th, 2017 in the Campbell case. Campbell vs. Campbell addresses this issue head on and you can read it by going to the 1st District Court of Appeal website, clicking on opinions and scrolling down to May 16th 2017 and clicking on the pdf, you can read the Campbell case. Or, you can actually speak to a law firm or litigation attorney who limits his or her practice to nothing but probate and guardianship litigation, trials and appeals.