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FL H0941

Bill

Status

Failed

5/3/2013

Primary Sponsor

Elaine Schwartz

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Amends s. 744.108 to make fees and costs incurred by attorneys who rendered services to a ward payable from guardianship assets unless the court finds the requested compensation substantially unreasonable.

  • Allows courts to determine reasonable compensation for guardians, attorneys, and court-appointed persons without requiring expert testimony, though any party may offer expert testimony after notice to interested persons.

  • Amends s. 744.3025 to permit courts to appoint a guardian ad litem to a minor if necessary to protect the minor's interests in a settlement when the gross settlement exceeds $15,000, and requires appointment when the gross settlement equals or exceeds $50,000.

  • Makes settlements of minors' claims subject to confidentiality provisions of the guardianship chapter.

  • Amends s. 744.331 to direct that examining committee fees be paid from state funds as court-appointed expert witness fees if a petition for incapacity is dismissed, and requires a petitioner to reimburse the state for expert witness fees if the court finds the petition was filed in bad faith.

Legislative Description

Fees and Costs Incurred in Guardianship Proceedings

Last Action

Died in Judiciary

5/3/2013

Committee Referrals

Judiciary4/15/2013
Judiciary3/18/2013
Healthy Families Subcommittee3/13/2013
Civil Justice Subcommittee3/4/2013

Full Bill Text

No bill text available