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FL S0590

Bill

Status

Failed

5/3/2013

Primary Sponsor

Arthenia Joyner

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Allows courts to award attorney fees and costs for guardianship proceedings from guardianship estate assets, including fees for attorneys who rendered services to the ward, unless compensation is found substantially unreasonable.

  • Permits courts to determine reasonable compensation for guardians, attorneys, and others without requiring expert testimony, though any offered expert testimony triggers an expert witness fee award payable from guardianship assets.

  • Modifies guardian ad litem appointment requirements for minor claims, making appointment discretionary when settlement exceeds $15,000 if court deems necessary, but mandatory when settlement equals or exceeds $50,000.

  • Subjects all minor claim settlements to chapter confidentiality provisions.

  • Requires examining committee fees to be paid as expert witness fees under state law when incapacity petition is dismissed, and mandates petitioners reimburse the state if petition was filed in bad faith.

Legislative Description

Fees and Costs Incurred in Guardianship Proceedings

Last Action

Died in Appropriations Subcommittee on Criminal and Civil Justice

5/3/2013

Committee Referrals

Appropriations Subcommittee on Criminal and Civil Justice4/15/2013
Children, Families, and Elder Affairs4/9/2013
Judiciary2/7/2013

Full Bill Text

No bill text available