Yazdzik v. Scott

Summary

The Florida Second District Court of Appeal held that attorney’s fees and examining committee fees in an involuntary guardianship proceeding could not be assessed against the alleged incapacitated person’s estate when the petition was dismissed before incapacity was determined and no guardian was appointed. The court concluded that sections 744.108 and 744.331, Florida Statutes, did not authorize such fees absent establishment of a guardianship, and reversed the circuit court’s fee awards.

Holdings

1. Section 744.331 does not authorize attorney's fees and examining-committee fees to be paid from the alleged incapacitated person's estate when the petition is dismissed before incapacity is determined and no guardian is appointed. If a petition is dismissed, fees and costs may be assessed against the petitioner under section 744.331(7)(c) only when the court finds that the petition was filed in bad faith.
2. Section 744.108 does not authorize attorney's fees and costs from the estate of an alleged incapacitated person when no guardianship has been established and no guardian has been appointed.
3. The court could not extend the unambiguous statutory provisions to impose fee liability on the alleged incapacitated person or the estate; allocating responsibility for fees in this circumstance is for the legislature.

Questions Presented

1. Whether sections 744.331 and 744.108, Florida Statutes, authorize attorney's fees, examining-committee fees, and costs to be paid from the estate of an alleged incapacitated person when the incapacity petition is dismissed before incapacity is determined and no guardianship is established.
2. Whether the dismissal of the incapacity petition following the alleged incapacitated person's death creates a distinction permitting assessment of fees against the estate.

Disposition

reversed