Blog

Can You Obtain Attorney’s Fees in a Lake Mary, Florida or Orlando, Florida Guardianship Case?

You want to petition the court through an attorney to obtain guardianship of a loved one and become their guardian in the Lake Mary, Florida area. You must pay the attorney to represent you in the case. However, you are filing for guardianship in order to help your loved one because they are no longer able to manage their affairs. They can no longer manage their finances. They can no longer drive or should not be driving. They forget to take their prescribed medicine. They do not properly care for themselves. You want to assist them. They may have Alzheimer’s or Dementia.

You want to know, if you pay an attorney, whether you can be reimbursed for what you pay the attorney. If the court finds that your loved one is incapacitated, and a guardianship is established; then you may petition the court for attorney’s fees. This is allowed under the Florida Statutes. 

The Guardian may petition for their attorney’s fees. However, in order to receive attorneys fees, you must show that the work that your attorney did for you as Guardian was a benefit to the ward. If you can show that, then you are entitled to attorney’s fees. The court will evaluate attorney’s fees under Florida Statute 744.108. That statute lays out the criteria to determine if the attorney’s fees are reasonable. The court will award reasonable attorney’s fees. The court looks at the hourly rate of the attorney, the number of hours the attorney billed, the time and labor required, the difficulty of the work, the fess customarily charged in the area, the nature and property of the ward, the results obtained, the time limits imposed, the nature and length of relationship with incapacitated person, and the experience of the person performing the task.

If there is a large amount of assets in the guardianship, there is a better chance you will receive reasonable attorney’s fees. If there are limited assets in the guardianship, then there is a good chance the judge will not deplete most of the guardianship assets to pay your attorney’s fees.

If you have more questions regarding a Guardianship 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. You may also visit my website at: https://www.annmariegildenlaw.com

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