Practice Areas

Blog

News

Library

Understanding Guardianships In Florida – Part II

This article is a continuation of a previous posting, "Understanding Guardianships In Florida - Part I."

Once a guardian has been appointed, the guardian has to record the ward's assets and file an inventory with the court. Many times the guardian also has to determine whether to file a lawsuit against someone who exploited the ward, when the he or she lacked capacity. The guardian has to file a care plan for the ward and annual reports to the court.

In Florida, guardians are required to be represented by an attorney. Further, a guardian has many responsibilities imposed by Florida law.

The cost of a guardianship proceeding depends on the amount of time spent. Generally, (i.e. this is not a binding quote), the cost of an uncontested guardianship proceeding is around $3,200.00, which includes the examining committee fees, and the cost of a guardianship proceeding with an emergency petition is around $5,000.00. Realized that if the examining committee reports are contested or if someone contests whether there is a less restrictive alternative to guardianship or someone contests who the guardian should be, the costs can escalate significantly.

Please note that if the ward has assets, and if the petitioner has "rendered services to the ward or to the guardian on the ward's behalf" then the petitioner or his or her attorney is entitled to a reasonable fee for the services rendered (i.e. if you pay to have a guardianship established and are successful, the court should award you your fees). Obviously, this is no guarantee since a court could limit or reduce the fees awarded.

Matthew Linde of Matthew A. Linde, P.A. has extensive experience representing clients with their guardianship cases. We can answer your questions and help you determine whether a guardian is necessary for your elderly family member. We can also assist you if someone has filed a guardianship petition regarding your loved one. Call us today at (239) 939-7100. We represent clients throughout Lee County, Charlotte County, Collier County, Henry County and Highlands County.



Terms and Conditions for Use of Website:  Matthew A. Linde, P.A. (the "Firm") makes available the information and materials on this website, http://www.probatelitigator.com, and http://www.contractlitigator.com  (the "Materials") for informational purposes only to the user ("You.”).  While the Firm hopes the Materials will be helpful as general information, the Firm does not warrant that the Materials are accurate or complete. Moreover, the Materials are general in nature, and may not apply to your legal issue. Under no circumstance do the Materials constitute legal advice and should not be relied on as such.  Furthermore, the Firm accepts clients only in accordance with mutually agreed upon procedures and renders legal advice only after completion of those procedures and when it is legally permissible for the Firm to do so. Any usage of this website and Materials is provided with no warranties or guarantees of any kind. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the Firm to send you free written information about the qualifications and experience of the relevant lawyer.   The Firm regularly handles cases in Fort Myers, North Fort Myers, Cape Coral,  Bonita Springs, (Lee County) Punta Gorda, Port Charlotte, (Charlotte County) and Naples including Marco Island (Collier County).

Contact Information

Videos

FAQs