The Cost of Guardianship in Florida: Who Pays and How to Minimize Expenses

When a loved one becomes incapacitated and unable to manage their affairs, guardianship may be necessary to protect their well-being and finances. However, the costs associated with guardianship in Florida can be significant, placing a financial burden on families and estates. Understanding how guardianship fees work and how to reduce expenses can help families make informed decisions while protecting their loved ones.

At Bleakley Bavol Denman & Grace (BBDG) in Tampa, we help families navigate the complexities of guardianship while exploring cost-saving strategies.

Breakdown of Guardianship Fees in Florida

Guardianship fees are governed by Florida Statute § 744.108, which outlines compensation for guardians, attorneys, and other professionals involved in the guardianship process. These fees include:

1. Court Costs and Filing Fees

• Initiating a guardianship requires filing a petition with the court, which comes with filing fees that typically range from $250 to $400.
• Additional costs may apply for certified copies of court orders or annual filings.

2. Attorney’s Fees

• Legal representation is required for the guardian, and in contested cases, both the guardian and the alleged incapacitated person may have attorneys.
• Fees vary based on the complexity of the case, but they can range from $3,000 to $10,000+ for contested guardianship matters.

3. Guardian Compensation

• Florida law allows guardians to receive reasonable compensation for their services, which is typically a percentage of the ward’s income or assets.
• Professional guardians may charge an hourly rate, often between $50 and $150 per hour.

4. Examination and Investigation Costs

• A court-appointed examining committee assesses the individual’s capacity, and their evaluation typically costs $500 to $1,500.
• If additional expert testimony (such as medical evaluations) is needed, costs may increase.

5. Annual Accounting and Reporting Fees

• Guardians must file annual reports and accountings, which may require the assistance of an attorney or accountant.
• Fees for preparing and submitting these reports can range from $500 to $3,000 per year.

How to Reduce Guardianship Costs

While guardianship is often necessary, there are ways to minimize expenses and protect estate assets.

1. Consider Less Restrictive Alternatives

• Before filing for guardianship, explore powers of attorney (POA), trusts, or advance directives, which can reduce or eliminate the need for guardianship.
• Revocable living trusts allow assets to be managed without court intervention.

2. Choose a Family Guardian Instead of a Professional Guardian

• If a family member can serve as a guardian, this can significantly reduce fees compared to hiring a professional guardian.

3. Limit Contested Litigation

• Disputes among family members can drive up legal costs. Mediation or pre-planning can help resolve disagreements before they escalate into costly litigation.

4. Monitor and Challenge Unreasonable Fees

• Florida law requires that all fees be reasonable and necessary. Guardians and attorneys must submit detailed invoices, and interested parties can object to excessive charges.

5. Work with an Experienced Guardianship Attorney

• Our experienced Tampa guardianship attorneys can help you navigate the process efficiently, ensuring compliance with court requirements while avoiding unnecessary expenses.

Schedule a Consultation Today

Guardianship can be expensive, but families can take proactive steps to reduce costs and protect their loved one’s assets. By exploring alternative estate planning tools, limiting unnecessary litigation, and ensuring transparency in fee structures, families can make the process more manageable.

At BBDG, our attorneys help clients understand their options and develop cost-effective guardianship strategies. If you need guidance on guardianship matters in Tampa, contact Bleakley Bavol Denman & Grace today for a consultation.

Source:

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