Beckford v. Baskin

Summary

The Florida Second District Court of Appeal affirmed an award of attorney's fees to counsel who represented a former guardian on the ward's behalf. The court held that an attorney may recover fees under section 744.108, Florida Statutes, for services rendered while the guardian was court-appointed, even though the guardian was later determined to have been disqualified due to a felony conviction.

Holdings

1. An attorney who rendered services to a guardian on a ward's behalf while the guardian was appointed, even if the appointment was incorrect, remains entitled to reasonable attorney's fees under section 744.108(1), Florida Statutes.

Questions Presented

1. Whether an attorney who rendered services to a court-appointed guardian on behalf of the ward remains entitled to reasonable fees under section 744.108(1), Florida Statutes, when the guardian's appointment was later reversed because the guardian was legally disqualified.
2. Whether section 744.309(3), Florida Statutes, which disqualifies a convicted felon from serving as guardian, eliminates the attorney's statutory entitlement to fees for services rendered while the person was appointed guardian.

Disposition

affirmed