What are some of the Expenses of Opening and Maintaining an Adult Guardianship in Florida?
- December 7, 2018
- ontarget
- Guardianship
- 0 Comments
Petitioning a Court to become the guardian of an adult can sometimes be a costly process. Many clients are surprised when they find out just how expensive becoming the guardian of a loved one can be. Not only are there Court costs that must be paid, there are attorney’s legal fees as well as the court-appointed examining committee members fees and the fees for the Court Appointed Attorney for the alleged incapacitated person.
The Court costs are usually in the form of filing fees. When you petition to become a guardian, you must file two separate petitions with the Court. Each of these petitions has its own filing fee. For example, in Seminole County, Florida, currently the filing fees for the Petition to Determine Incapacity can be $231.00 and The Petition to Appoint Guardian is $235.00.
The examining committee is made up of three people who are appointed by the Court. Each committee member will visit the alleged incapacitated person and conduct a thorough mental health exam. The committee members will then file a Report with the court which will include the committee members recommendation regarding the alleged incapacitated person’s level of capacity. The examining committee members have their own individual fees, which can range anywhere from approximately $175.00 to $350.00 each.
The Court will also appoint an attorney for the alleged incapacitated person. The Court Appointed Attorney’s role is to make sure that the alleged incapacitated person’s best interest are met and the applicable laws are followed. The Court Appointed Attorney will visit the alleged incapacitated person. They may speak with the alleged incapacitated person and their caregivers, nurses, doctors, family members, and potentially friends and neighbors. The Court Appointed Attorney will review the Examining Committee Members Reports and file their own Report to the Court. The Court Appointed Attorney must also be paid for their time.
If the Alleged Incapacitated Person has sufficient assets, the filing fees, Examining Committee Member Fees, and Court Appointed Attorney Fees are typically paid from the Alleged Incapacitated Person’s assets. Initially, the petitioner may have to bear these costs. However, once a Guardian has been appointed, the petitioner can file a motion with the Court asking to be reimbursed from the Alleged Incapacitated Person’s assets for these fees and costs that they advanced.
If the Alleged Incapacitated Person does not have sufficient assets, some of these fees may be paid by the state. An Affidavit of Indigency will need to be filed.
According to Florida Law, you must be represented by an attorney in order to petition a Court to become a guardian over another person. Therefore, you will be responsible for retaining and paying for an attorney. The petitioner typically will be responsible to bear the costs up front for their attorney fees unless they properly can access and legally use the potential Ward’s funds. The petitioner can seek reimbursement from the Alleged Incapacitated Person’s assets through a Petition for Reimbursement after a Guardian is appointed.
The expenses of a guardianship can be significantly increased if the proceedings are adversarial and additional hearings become necessary. For example, if there are competing petitions filed by two separate parties to appoint competing guardians.
There are also a lot of other much smaller costs involved in a guardianship. Such as the cost of having to send notice to the potential ward’s next of kin via certified mail, obtaining certified copies of the Letters of Guardianship and the Order Appointing the Guardian, and accounting expenses.
Be certain to discuss these very important issues with a knowledgeable and experienced Florida Guardianship Attorney. The Attorney can discuss with you what to expect when initiating, establishing and maintaining a Guardianship for an adult Florida resident.
If you have further questions about Guardianship, please contact Ann Marie Gilden, Esquire, Ann Marie Giordano Gilden, P. A. at (407) 732-7620, and visit my website at
This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.