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Can I Obtain Attorney’s Fees from a Guardianship in the Orlando, Florida Area?

Section 744.108(1) Florida Statute provides that an attorney who has rendered service to the ward or the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward. 

Section 744.108(2) sets forth criteria that a circuit court must consider in determining reasonable attorney’s fees. They are:

(a) The time and labor required;

(b) The novelty and difficulty of the questions involved and the skill required to perform the services properly;

(c) The likelihood that the acceptance of the particular employment will preclude other employment of the person;

(d) The fee customarily charged in the locality for similar services;

(e) The nature and value of the incapacitated person’s property, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person;

(f) The results obtained;

(g) The time limits imposed by the circumstances;

(h) The nature and length of the relationship with the incapacitated person; and

(i) The experience, reputation, diligence, and ability of the person performing the service.  

The probate court is not allowed to award anything more or less than a fair and reasonable compensation for the services rendered or monies expended in each individual case. An award of fees and costs under this section is subject to the requirement that the attorney’s services must benefit the ward or the ward’s estate. To the extent that the attorney’s fees for the ward’s services involved unproductive litigation in pursuit of goals that did not benefit the ward, the circuit court has discretion to reduce the fee awarded by the fees attributed to those pursuits. A fee award that is reduced based on services that do not benefit the ward will be upheld on appeal if there is substantial competent evidence. 

In awarding fees under section 744.108, a circuit court must explain the basis for the award, including the reasonable hourly rate, the number of compensable hours, and the factors that the court considered in determining the award. 

If you have more questions regarding an Elder Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.