Steiner v. Guardianship of Steiner

Steiner and Steiner v. Guardianships of Steiner, --- So.2d --- (Fla. 2d DCA 2015), 40 Fla. L. Weekly D559a

The Second District has now weighed in with the First, Fourth and Fifth Districts about the "statutory gap" in the Guardianship Code dealing with the payment of the court-appointed attorney's fees in situations where a petition to determine guardianship and incapacity is brought in good faith, but incapacity is not found and guardianship is not established.  As the Fourth District held in the Klatthaar decision, F.S. 744.331 fails to address these situations leaving court-appointed attorneys with a right without a remedy.  The Court urged the legislature to remedy this situation.


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