Florida Guardianship Fees Demystified

Guardianship in Florida involves significant responsibilities, including managing the affairs of minors or incapacitated adults. While guardians ensure the well-being and proper management of the ward’s estate, the financial aspects, particularly fees associated with guardianship, often raise questions. At Bleakley Bavol Denman & Grace in Tampa, Florida, we support our clients in ensuring they understand the guardianship process overall, including fees.

What Does Florida Statute 744.108 Cover?

Florida Statute 744.108 addresses compensation for guardians and their attorneys. It ensures that those who take on the significant responsibilities of guardianship are fairly compensated for their time, effort, and expertise. This statute provides a framework for what is considered reasonable compensation, ensuring that the ward’s assets are protected from excessive charges.

Reasonable Compensation for Guardians

Under Florida law, guardians are entitled to receive reasonable compensation for their services. The statute does not specify exact amounts, but rather outlines factors that should be considered when determining what is reasonable. These factors include:

• Time and Labor Required: The amount of time and effort the guardian invests in managing the ward’s affairs.
• Complexity and Novelty of Issues: The complexity of the guardian’s duties and any novel issues that arise during guardianship.
• Skill Required: The level of skill and expertise required to manage the ward’s estate and personal affairs.
• Results Obtained: The effectiveness and results of the guardian’s management and decisions.
• Customary Fees: Fees that are customary in the community for similar services.

Attorney’s Fees in Guardianship

Attorneys who assist guardians are also entitled to reasonable compensation under the statute. The criteria for determining attorney fees are similar to those for guardians, focusing on the time, effort, and complexity of the services provided. Additionally, attorneys may receive compensation for standard legal services necessary for the administration of the guardianship. Attorneys may also receive compensation for services that go beyond routine matters, such as litigation or complex financial transactions.

Petition for Fees

Both guardians and attorneys must petition the court for fees. The court reviews the petition to ensure that the requested compensation is reasonable and justified based on the services provided. This judicial oversight helps protect the ward’s estate from unreasonable charges and ensures that all compensation is appropriate.

Challenges and Considerations

One challenge in determining fees under the statute is the subjective nature of what constitutes “reasonable” compensation. Different judges may have varying interpretations, leading to inconsistencies in fee awards. To mitigate this, guardians and their attorneys should meticulously document their time, efforts, and the complexities of the services provided. Detailed records and clear justifications can help support their petitions for compensation.

Additionally, families and wards should be aware of their rights to challenge fee petitions if they believe the requested amounts are unreasonable. The court provides a forum for these disputes to be fairly heard and adjudicated.

Schedule a Consultation Today

Florida statute provides essential guidelines for compensating guardians and their attorneys, balancing the need to fairly compensate these individuals with the need to protect the ward’s assets. By understanding these guidelines and maintaining detailed records, guardians can ensure they are compensated fairly for their invaluable services. At Bleakley Bavol Denman & Grace, our Tampa guardianship lawyers are committed to providing guidance and support throughout the guardianship process, ensuring transparency, fairness, and the protection of your loved ones’ interests. If you have any questions or need assistance with guardianship matters, please contact us for expert legal support.

Source:

leg.state.fl.us/statutes/index.cfm/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0744/Sections/0744.108.html