Understanding the Legal Process in Orlando and Across Florida
Orlando is a vibrant city, home to families, retirees, and individuals who may find themselves in need of guardianship arrangements at some point in life. Whether it involves caring for an elderly parent with dementia, an adult child with special needs, or a loved one who cannot manage their finances, guardianship is a serious responsibility governed by strict laws. One of the most important questions I receive as a Guardianship Attorney in Orlando is how guardianship fees are approved and regulated by Florida courts.
I am Attorney Beryl Thompson-McClary, and I represent clients across Orange County and throughout Florida in guardianship cases. If you are a guardian seeking court approval for fees, or if you are a family member questioning those fees, I can help you understand your rights under Florida law. To schedule a consultation, call me at 1-888-640-2999.
What Are Guardianship Fees?
Guardianship fees are payments made to compensate guardians for the services they provide in managing the ward’s personal, financial, or healthcare needs. Florida law recognizes that guardians dedicate significant time and responsibility in carrying out these duties, but it also ensures that such compensation must be reasonable, necessary, and approved by the court.
Fees may include:
- Time spent managing financial accounts
- Coordinating medical care and appointments
- Handling legal compliance requirements such as annual accountings
- Overseeing property management and estate matters
- Court appearances and reporting obligations
Because guardians act under the court’s supervision, every fee must be reviewed and approved by a judge before it can be paid from the ward’s estate.
The Legal Framework: Florida Statutes
Florida Statutes Chapter 744 governs guardianship matters, including compensation. Specifically, §744.108 sets out the rules for guardian compensation. Under this statute, guardians and their attorneys are entitled to reasonable compensation for services rendered. However, the court determines what is “reasonable” on a case-by-case basis.
The statute requires the guardian or their attorney to submit a petition for fees supported by detailed time records, itemized billing, and justification of the services provided. The court then reviews the petition and either approves, reduces, or denies the requested fees.
Factors courts consider under Florida law include:
- The complexity of the guardianship estate
- The time and labor required
- The novelty or difficulty of issues addressed
- The results obtained on behalf of the ward
- The guardian’s experience and skill
When Guardians Request Fees
As a guardian, you have the right to be compensated for the duties you perform, but you must follow Florida’s strict legal process. Courts in Orlando and across the state require:
- Detailed Time Records – Every hour spent working on guardianship matters must be documented.
- Itemized Invoices – Guardians must clearly describe the tasks performed, not just list general categories.
- Petition for Fees – A formal petition is filed with the court, requesting approval for payment from the ward’s estate.
- Court Hearing (if required) – If any interested party objects, a hearing may be held to determine reasonableness.
Failure to properly document fees or overcharging can result in reduction or outright denial of compensation. In some cases, it can even lead to removal of the guardian.
When Family Members Dispute Fees
Family members often raise concerns about guardianship fees, especially if they believe charges are excessive or not in the ward’s best interest. As an Orlando Guardianship Attorney, I represent both sides of these disputes.
From the family’s perspective, the concern is that the ward’s estate may be diminished unnecessarily by high legal and administrative costs. Courts are sensitive to these concerns and encourage transparency in guardianship proceedings.
Family members can:
- Review Accountings: Guardians must file annual accountings that include compensation details.
- File Objections: If a family member believes fees are unreasonable, they can formally object.
- Request Hearings: A judge can review the fee petition and hear arguments from both sides.
This system ensures a balance between compensating guardians fairly and protecting the ward’s estate.
The Court’s Role in Protecting the Ward
Florida courts act as the ultimate safeguard in guardianship cases. Judges are tasked with reviewing every request for fees and determining whether they serve the ward’s best interests. The ward’s financial resources are considered, and unnecessary or excessive charges are disallowed.
The court may:
- Approve fees as requested
- Reduce the requested amount
- Deny fees deemed unnecessary
- Require additional documentation or justification
This oversight reflects the principle that guardianship is not about financial gain, but about serving the ward’s well-being. Compensation is fair, but carefully monitored.
Attorney’s Fees in Guardianship Cases
In addition to guardian compensation, attorneys who represent guardians or the ward may also seek fees under §744.108. Like guardian fees, attorney’s fees must be:
- Reasonable
- Documented with time records
- Approved by the court before payment
Courts scrutinize attorney’s fees closely, especially when large sums are involved. Legal work must directly benefit the ward or be necessary for compliance with guardianship obligations.
The Two Perspectives: Guardian vs. Family
Because my practice involves representing both guardians and family members, I see both sides of these disputes.
- For Guardians: You want to be fairly compensated for your time and responsibility, but you must carefully document your work and justify it under Florida law.
- For Family Members: You want to ensure your loved one’s estate is not depleted by unnecessary fees. You have the right to review records and object if you believe charges are excessive.
As your attorney, I provide clear legal guidance no matter which side you are on. My role is to protect your rights and make sure the law is followed.
FAQs About Guardianship Fees in Florida
What statute governs guardianship fees in Florida?
Guardianship fees are governed by Florida Statute §744.108, which states that guardians and their attorneys are entitled to reasonable compensation as approved by the court.
How do courts decide what is “reasonable” compensation?
Courts look at factors such as the time spent, the complexity of the guardianship, the results obtained, and the guardian’s experience. Each case is evaluated individually.
Can family members object to guardianship fees?
Yes. Family members have the right to review fee petitions and annual accountings. If they believe fees are excessive, they can file formal objections and request a hearing.
Do guardians always get paid?
Not always. Fees must be requested, documented, and approved by the court. If the guardian fails to comply with requirements or if the estate lacks funds, compensation may be reduced or denied.
What about attorney’s fees in guardianship cases?
Attorneys representing guardians or wards may also request compensation, but these fees must also be approved by the court. Only work that directly benefits the ward or ensures compliance with guardianship law is typically approved.
Can a guardian be removed for charging excessive fees?
Yes. If a guardian overcharges, fails to justify fees, or abuses their position, the court can reduce or deny compensation and even remove the guardian.
Do courts consider the ward’s financial resources when approving fees?
Absolutely. Judges weigh the size of the ward’s estate and ability to pay when determining whether fees are appropriate. Protection of the ward’s financial security is always the court’s priority.
How long does it take to get fees approved?
The timeline varies depending on whether there are objections. If no one contests the petition, fees may be approved relatively quickly. If disputes arise, hearings may extend the process.
Can a guardian waive compensation?
Yes. Some family guardians choose not to request payment. Others may accept limited compensation. However, professional guardians generally rely on compensation for their work.
Why should I hire an Orlando Guardianship Attorney for fee issues?
Because fee petitions and objections are heavily regulated by Florida law, having an attorney ensures you follow the correct process and protect your financial and legal interests.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
Guardianship cases in Florida can be complex, and fee approval is often one of the most contested issues. Whether you are a guardian seeking approval for your work, or a family member ensuring your loved one’s estate is protected, I am here to help. Call my office at 1-888-640-2999 to schedule a consultation and discuss your case.
