Requirements & Information
Administrative Orders
Please review Administrative Order 2014-5.2 re: Creation of a Uniform Ex Parte Process for all Probate and Guardainship Cases and “Division H” Case Assigment for Probate and Guardianship Cases in South County Judicial District of Sarasota County.
Please review Administrative Order 2015-5a.5 re: Examining Committee Members’ Fees in (Amends 2015-5.5) Guardianship Proceedings Where Ward is not Indigent (Amended as to Psychologist Fees Only).
Standards of Professionalism
Judge Williams expects all attorneys who appear to know and adhere to the Twelfth Judicial Circuit’s Standards of Professionalism, also available on the websites of the Manatee County Bar Association and the Sarasota County Bar Association.
A. Remote Appearance
For Remote Hearings 15 Minutes or Less in Length
All remote hearings which are 15 minutes or less in length that are uncontested and non-evidentiary may be conducted telephonically or by Zoom. The Court does not provide standing Zoom Credentials. It is the scheduling attorney’s responsibility to arrange the necessary conference call or Zoom credentials and coordinate with all the required parties to the hearing.
In any event, if not specified on the Notice of Hearing, or otherwise communicated to the Court that the parties are requesting to appear via Zoom Video, Judge Williams will appear by telephone.
For Parties appearing by Zoom
The parties shall use their own Zoom accounts and shall designate one person to host the Zoom event. Zoom credentials must be provided to the court at the time of scheduling on the JACS calendar and shall be additionally provided on the Notice of Hearing. The meeting ID and passcode must be numeric. Upper and lower cased alphabetical passcodes are not allowed.
Zoom hearings shall
- Be non-evidentiary, unless the parties have stipulated to the introduction of documents and evidence in advance.
- Unless stipulated to by the parties, no witnesses shall be called, and no evidence shall be introduced for these hearings. Exceptions: If witnesses are to be called, parties shall stipulate to the witnesses being sworn by the Court, or the parties shall make arrangements in advance for witnesses to be sworn in accordance with existing Supreme Court Administrative Orders.
B. Hearing Procedures
Unless stipulated to by the parties, the following hearing shall take place in person:
- Hearings on Do Not Resuscitate Orders
- Hearings for the Appointment of Emergency Temporary Guardian
- Final Guardianship Hearings
- Hearings on Petition for Injunction Against Exploitation of a Vulnerable Adult
These hearings can be scheduled on the court’s calendar without court approval. However, if stipulated, the telephonic or Zoom credentials must be provided to the court at the time of scheduling on the JACS calendar and shall be additionally provided on the Notice of Hearing.
Telephonic/Zoom Details Required at Time of Scheduling
Telephonic or Zoom credentials must be provided to the court at the time of scheduling on the JACS calendar and shall be additionally provided on the Notice of Hearing. Failure to provide this information may result in the cancellation of the hearing without notice.
Notice of Hearing Required
A Notice of Hearing is required for all hearings scheduled before the court regardless of duration or nature.
Ex Parte Hearings
Ex Parte hearings are held on Tuesdays, Wednesdays and Thursdays and are scheduled on the JACS calendar up to 48 hours in advance by attorneys and shall be conducted virtually/remotely. Ex Parte hearings shall be uncontested, non-evidentiary and 15 min. or less in length. If the court finds during the hearing that the ex-parte hearing has become contested, the court may cancel the hearing and direct the parties to re-set the matter for an adversarial proceeding.
Counsel will comply with Florida Rules of Civil Procedure and applicable case law in terms of motions and notices.
Hearings 1 Hour or Less
All hearings 1 hour or less in length must be scheduled through JACS. Available timeslots are 15, 30 & 60 minutes.
Hearings More Than One Hour
All hearings estimated to last more than one hour must be scheduled by emailing the judicial assistant.
Time Sensitive Final Guardianship Hearings or other Time Sensitive Matters
In the event that the parties are unable to locate a hearing date and time on the JACS calendar prior to a time-sensitive deadline, the moving party shall contact the judicial assistant by email to coordinate a hearing. Time sensitive matters may be scheduled based upon the court’s availability anytime between 8:30 am and 5 pm.
Emergency Hearings
After an emergency motion has been e-filed, a copy of the motion shall be faxed, emailed or delivered directly to the assigned judge’s office, along with a cover letter. The motion should be detailed and include the amount of hearing time required. The judge will review the motion and determine whether an expedited hearing is required. Matters determined to be emergencies will be given the highest priority, and may be scheduled based on the court’s availability anytime between 8:30 am and 5 pm.
ExceptionEmergency Temporary Guardianships
Prior court approval for emergency temporary guardianships is not required as, by their very nature, these almost always need to be expedited. If you are unable to locate time on the JACS calendar, you may contact the judicial assistant for expedited hearing time. It is still required that copies of all documents be provided to the Court prior to the date of the hearing.
Contested Probate and Guardianship hearings
Known contested matters must be set for a minimum of 1 hour to ensure that the time allocated is sufficient to hear the matter before the court, regardless of representations to the contrary.
If a matter that was previously thought to be uncontested becomes contested and the court determines the amount of time allocated is insufficient to hear the matter, the court may cancel the hearing and direct the parties to reschedule the matter to allow sufficient time to hear the contested issues.
Evidentiary hearings
Hearings requiring the admission of evidence must be held in-person and are considered contested matters, requiring a hearing duration of at least one hour. Exception: If the parties enter into a fully executed stipulation to the introduction of documents and evidence in advance, the hearing may be held remotely.
Motions for Rehearing, Reconsideration, New Trial
Do not set these for hearing: All Motions for Rehearing, Reconsideration, or for New Trial, are to be submitted directly to the judge, along with a cover letter. The motion should be detailed. The judge will first review the motion to determine whether a hearing is required.
Cancellation of Hearings
JACS should be used to cancel hearings when possible. However, JACS will not authorize a cancellation when it results in short notice to the parties. When JACS does not permit a cancellation, the moving party may cancel a hearing by contacting the judge’s judicial assistant. A Notice of Cancellation shall be filed with the Clerk of Court. In any event, when a hearing is canceled, the moving party shall promptly provide notice of the cancellation to all parties, and to the Court. For short notice cancellations within 24 hours of the hearing, the scheduling party shall contact the judicial assistant by email and phone to ensure the cancellation has been communicated to the Court.
C. Communications with the Court
Case Numbers Required
Case numbers must be included on all communications and proposed orders submitted to the court.
5-Day Letters Not Accepted
The Court will not accept proposed Orders with a “5-day letter” (a letter allowing opposing counsel 5 days within which to object). Any such Orders will be returned unsigned. Exception: If opposing party is pro se.
Litigation by Letter/Email/Phone Calls to the Court
Occasionally attorneys attempt to litigate issues by writing the Court, providing the Court with letters, or copies of letters to opposing counsel, copying court staff on email exchanges and/or attempting to have information relayed to the Court by phone. This is unacceptable. If the parties cannot reach agreement on an issue after discussion between themselves, then a motion shall be filed and scheduled for hearing. The Court will not read or respond to letters on contested issues.
D. Submission of Orders
It is the exclusive responsibility of the petitioning attorney to monitor the court file and serve a copy of orders entered by the Court to all relevant parties. Failure to timely serve relevant parties with copies of court orders will be considered a violation of the Court’s requirements.
Orders that are Required to be E-Filed as Proposed Orders
Pursuant to administrative order 2022-1.2 (rescinds and replaces A.O. 2015-9.2) the e-filing of proposed orders with the Clerk of Circuit Court in Probate & Guardianship cases is prohibited with the exception of certain orders, which are required to be e-filed:
- Matters Requiring Clerk’s Audit must be e-filed:
- Because the clerk’s office is required to audit certain Guardianship and Probate matters before proposed orders are entered, the following proposed orders are required to be e-filed in order for the Clerk of Circuit Court to conduct their review/audit.
- Guardianship:
- Order Approving Initial Plan
- Order Approving Annual Plan
- Order Approving Initial Inventory
- Order Approving Annual Accounting
- Order Approving Final Accounting
- Order of Discharge
- Probate:
- Order Admitting Will
- Order of Discharge
The Clerk will transmit the hard copy of the proposed order to the court once their review has been completed.
Please note: The Order Admitting Will must be entered by the court and filed for record prior to submitting any subsequent orders to the court for consideration, such as Letters of Administration, etc. Letters or other proposed orders sent to the court for consideration prior to the Order Admitting Will being entered and filed for record in Testate cases will be considered premature and a form note will be issued.
E-Filing Tip: File these documents as “Pleadings on an Existing Case” at the Clerk’s portal. Select “Order – Proposed” from the document type drop down list to ensure your document is sent to the clerk’s queue for review.
Proposed Orders that may be Transmitted Directly to the Court
The Court has created a designated email address for the purpose of transmitting proposed orders.
These orders may be sent via email in Word or .PDF format to: ProbateOrdersSAR@jud12.flcourts.org (encrypted email submissions are not accepted).
Please do not copy the judicial assistant or the probate coordinator on these submissions.
You will receive an automatic response confirming that your submission has been received. However, as a rule, court staff will not monitor subsequent email correspondence or communicate with counsel or their assistants via this email address.
If entered, the order(s) will be filed. Counsel may retrieve copies from the Clerk’s website for distribution. Parties should anticipate a minimum two-week turnaround time for orders to be processed and are strongly encouraged to enable the pleading notifications option within in the e-filing portal. It will be counsel’s responsibility to ensure all pertinent parties receive copies.
Subsequent inquiries regarding paperwork submitted via the designated email address should be directed to the judicial assistant only after reviewing the court file.
Ex Parte Proposed Orders
Proposed orders on matters that do not require a Clerk’s audit or a hearing such as fully executed stipulations and agreed orders may be sent via email, hand delivery, or via U.S. Mail to be entered without a hearing.
Orders on Testate Summary and Formal Administrations do not require a hearing; however, proposed orders may be sent via email, hand delivery, or via U.S. Mail for consideration only after the Order Admitting Will has been entered and is filed for record.
Orders on Intestate petitions for Summary Administration, Intestate Petitions for Formal Administration, Petitions to Determine Homestead and all other ex parte proposed orders may be sent via email, hand delivery, or via U.S. Mail for consideration once the petition has been filed for record.
Original stipulations should be filed with the Clerk prior to submitting to the court. The proposed order must be submitted with a copy of the signed stipulation or a letter representing to the Court that it has been reviewed and approved by opposing counsel, and that it is an Agreed Order.
Post hearing proposed orders
Proposed post-hearing orders may be sent via email, hand delivery, or via U.S. Mail. If the proposed order is submitted pursuant to a hearing, opposing counsel shall review and approve the proposed order prior to submitting it to the Court (the cover letter or email shall reflect that opposing counsel has reviewed and approved the order).
Requests for Expedited Review of Routine Petitions
The Court will make every effort to expedite the review of petitions where exigent circumstances exist, such as a Petition to Determine Homestead where a pending real estate closing date has been scheduled. The proposed order shall be transmitted to ProbateOrdersSAR@jud12.flcourts.org and shall include the request to expedite in the subject line.
Example:
Expedited Request: 2024 CP 000000 NC In Re: Jane Doe – Homestead Petition
The nature of the urgent request shall be described in detail in the body of the email message. The Court will make every effort to expedite review of urgent petitions and to scan a copy of the order to the parties by email.
E. Courtesy Copies
Courtesy Copies of Documents for Hearings
It is required that the scheduling attorney furnish the judge with copies of the Notice of Hearing, Motion, proposed order, and all pertinent portions of any documents or pleadings referenced in the Motion, and any supporting case law (highlighted).
Voluminous courtesy copies that would otherwise need to be organized in a binder must be hand delivered.
These documents must be furnished no later than 3 days prior to the date of the hearing. Failure to comply with this requirement may result in the cancellation of your hearing without notice.
The court has created a designated e-mail address for the purpose of transmitting courtesy copies for hearings to the Court. Pleadings for all hearings scheduled on the JACS calendar may be transmitted to the following address: ProbateSarasota@jud12.flcourts.org (encrypted email submissions are not accepted).
Please do not copy the judicial assistant or the probate coordinator on these submissions.
The court requires that two separate .PDF files be attached to your email. The first .PDF attachment should include your Notice of Hearing, Petition, and any relevant attachments. Case law must be highlighted. The second .PDF attachment should contain only your proposed orders.
The email subject line should include the case style, date of the hearing and motion title.
Example:
2021 CP 000000 NC In Re: Jane Doe - January 1, 2022 Hearing - Petition for Administration
You will receive an automatic response confirming that your submission has been received. However, as a rule, court staff will not monitor subsequent email correspondence or communicate with counsel or their assistants via this email address. Subsequent inquiries regarding hearing paperwork sent to the designated email address should be directed to the judicial assistant.
F. Emergency & Other Urgent Matters
Emergency hearings: See Section B. Hearing Procedures.
Requests for expedited review of routine petitions: See Section D. Submission of Proposed Orders.
G. Exhibits for Evidentiary Proceedings
See Section B. Hearing Procedures/Evidentiary Hearings.
H. Pretrial Procedures & Conferences
See Section I. Setting a Case for Trial.
I. Setting Case for Trial
Adversarial Probate Proceedings Requiring More Than Three Hours of Hearing Time
Administrative Order 2019-4.5 directs that any adversary Probate proceeding lasting more than ½ day will be transferred to the Civil Division. The Court defines ½ day as three (3) hours in length.
The Order Reassigning Adversarial Probate Proceedings only applies to those matters that are identified by the moving party as requiring more than three hours. The court will continue to hear all other pre-trial motions.
Note that while Judge Williams has been assigned to preside over the South County/Venice caseload for cases filed through the end of calendar year 2023, these requirements regarding adversarial Probate proceedings will be followed as if those cases were assigned to Sarasota.
For Matters ½ Day (3 hours) or Less
A written request specifying the motion(s) and duration of the hearing time requested shall be transmitted to the judicial assistant.
For Matters More Than ½ Day
A written request specifying the motion(s) and duration of the hearing time requested shall be transmitted to the judicial assistant. The matter will be reassigned pursuant to Administrative Order 2003.4-5. Upon receipt of the Order Reassigning Adversarial Proceedings, the parties may contact the assigned Civil Division judge’s office to coordinate hearing time.
J. Preferred Division Forms
Download forms and orders on the Probate & Guardianship Division page.
K. Other Division Procedures
Conforming Station for In-Person Hearings
A conforming table will be available in the Courtroom. Attorneys will be responsible for conforming copies of orders entered in open court. Attorneys will have the option of walking original orders to the Clerk’s office for filing or may file the order in open court with the Clerk attending the hearing.
Removal of Original Documents from Courtroom
If an attorney makes a request to take an original document from the courtroom following any hearing, the original shall be returned directly to the Clerk’s Office on the same business day.
Appointment of Attorney for Alleged Incapacitated Persons
Per F.S. 744.331(2), the court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity. The person may substitute his/her own attorney.
Per F.S. 744.3031(1), in emergency temporary guardianship proceedings the court shall appoint counsel to represent the alleged incapacitated person during any such summary proceedings.
Effective April 18, 2024 the Court has adopted a new procedure to appoint the Office of Criminal Conflict and Regional Counsel (ORC) as Attorney and Elisor in Guardianship cases involving indigent alleged incapacitated persons (AIP) and developmentally disabled adults (DDA).
In instances where the AIP or DDA is not believed to be indigent, parties shall follow the procedure set forth in the Attorney Rotation List section of these requirements.
The form orders provide an option for each type of appointment and are self-explanatory.
These orders are considered emergencies and can be transmitted to the judicial assistant via
email for expedited review and entrance.
Download forms and orders on the Probate & Guardianship Division page.
Attorney Rotation List
Court Administration maintains a list of attorneys who have agreed to represent alleged incapacitated persons (AIP) and developmentally disabled adults (DDA) in guardianship cases where the AIP or DDA is not believed to be indigent.
How to Apply to be on the List
Qualified attorneys who wish to be appointed in guardianship cases must submit the Court Appointed Registry Application. Attorneys who have been approved for the prior Fiscal Year may complete a Renewal Short Form. Certification Requirements and Application Information for Court Appointed Attorneys is available on the Court-Appointed Attorney page.
Applications must be submitted to Court Administration for approval. Once approved, attorneys will be added to the list.
Renewing Your Application
All attorneys must re-apply to be on the registry every fiscal year, which runs from July 1 through June 30. Applications are accepted year-round; however, they are only valid for the fiscal year applied for. Attorneys are encouraged to submit their applications for the new fiscal year prior to July 1.
How to Receive an Appointment
The attorney filing the petition for guardianship shall contact the appropriate Clerk’s Office to obtain the name of the next available attorney. It is then the petitioning attorney’s responsibility to contact the appointed attorney, who shall advise if they are able to represent the AIP in the guardianship proceeding.
If the attorney is unable or unwilling to represent the AIP, the petitioning attorney shall notify the Clerk’s office, who will distribute the next name on the list. The Court notes that per Section 744.331(2), Florida Statutes, the alleged incapacitated person may substitute his or her own attorney for the attorney appointed by the court.
The Clerk will maintain an internal record of appointments including the date the attorney’s name was distributed, the name of the petitioning attorney and the name of the AIP, as well as documentation of instances where the attorney was unable to accept an appointment.
This procedure is designed to be fair and to help the court avoid any appearance of impropriety or preference for any qualified attorney who is on this list. Should it be brought to the attention of the court that this procedure is not being followed in good faith, the court will make an appropriate inquiry.
Counsel wishing to be added or removed from the attorney rotation list should contact Court Administration in Sarasota (941-861-7800). Being removed from the appointment list does not affect any current cases you may already be appointed to.
For appointments in Sarasota County cases (including Division H: Venice cases filed through the end of calendar year 2023) call 941-861-7400.
Motions that Must be Heard by Magistrate Ellis
Referral to Magistrate Ellis
The judges of the Twelfth Circuit Court require attorneys to schedule certain motions before Magistrate Bradley J. Ellis. The scheduling attorney must prepare and forward an “Order of Referral” to the assigned judge for signature unless an Order has previously been entered.
Download forms and orders on the Probate & Guardianship Division page.
Scheduling Hearings Before the Magistrate
Scheduling is to be done through JACS (Court #27) after obtaining the signed Order of Referral
Hearings Required to Take Place Before the Magistrate
The following is a list of motions that are to be scheduled with Magistrate Ellis. In addition to discovery-related motions and motions directed to the pleadings, there is a list of miscellaneous motions that Magistrate Ellis has been hearing, and will continue to hear.
The list below is not all inclusive. If you should have a motion not listed below that is either discovery related or directed to a pleading, that motion should also be scheduled in front of the magistrate.
The only time one of these motions is to be scheduled in front of the assigned judge is if an “Objection to Referral to Magistrate” has been filed.
- Discovery-Related Motions
- Compel, Contempt re: Discovery Order, Extend Time, Objections to Interrogatories, Objections to Production, Protective Order, Quash Sanctions (re: Discovery Matters), any additional discovery-related motion not listed
- Motions Directed to Pleadings
- Add/Drop Parties, Amend, Default, Dismiss, Intervene, Judgment on Pleadings, More Definite Statement, Strike, any additional motion directed to pleadings not listed
- Miscellaneous Motions
- Abate, Compel Arbitration, Confirm Arbitration, Compel Mediation, Lis Pendens, Sever, Transfer Jurisdiction/Venue, Vacate/Set Aside (on non-trial related issues)
Miscellaneous Probate Procedural Information
Bond for Personal Representative
A bond is required not only to protect assets, but also to ensure that the personal representative does what is necessary to timely close out the estate. General guidelines the court will use are as follows:
| Type of Personal Representative |
Amount of Bond |
| Florida Resident P.R. |
No bond, but Court discretion to set |
| Out-of-State P.R. with value $50,000 or less |
Bond equal to value of estate |
| Out-of-State P.R. with value in excess of $50,000 |
$50,000 bond, but Court discretion to set |
| Out-of-State P.R. with co-P.R. in-state bank/trust company holding assets |
No bond, but Court discretion to set |
Waiving the Bond for Out-of-State PRs
On a case-by-case basis the court may consider waiving the bond of a proposed out of state Personal Representative under the following conditions:
- The requesting attorney shall take responsibility for making sure the probate proceedings comply with all the clerk requirements until the estate is closed.
- The requesting attorney shall not be allowed to withdraw until the probate proceedings are closed or concluded to the clerk and/or court’s satisfaction.
- The court is satisfied that by waiving the bond under the above conditions it will not hinder, delay or otherwise impede the administration of the estate proceedings.
- The court may add other conditions depending on the particular facts of the case.
Checklists re: Formal or Summary Opening of Estates & Petitions to Determine Homestead
The Court & probate coordinator utilize form checklists to determine if Petitions for Administration and Petitions to Determine Homestead is correct, and to verify that required documents have been provided.
Checklists are informational and not required to be filed for record.
Download the checklists on the Probate & Guardianship Division page.
Petition to Determine Homestead – When a Hearing Is Unnecessary:
If either two years have lapsed since the date of decedent’s death or 90 days since the date of first publication of Notice to Creditors, and a claim has not been filed, then homestead can be determined by petition/proposed order without a hearing. The petition should include facts establishing that the claim period has expired and that no claims have been filed.
If a real estate sale is pending, the proposed order must contain language that provides for the conditional escrow of funds pending the expiration of the creditor’s period.
Obtaining a Homestead Order in a Summary Administration:
The Petitioner generally swears that there are no creditors. If there are known creditors with timely filed unsatisfied claims, notice needs to be provided of a hearing on the homestead issue.
Under the summary procedure, publication to determine unknown creditors isn’t required.
Court Issued Order Directing Clerk to Administratively Close File
The court upon review of any Probate or Guardianship file may determine that an administrative closure of the file is necessary. The Court’s form order addresses the various circumstances where this may happen. An administrative closure does not have any effect on any pending claims against the estate or guardianship, does not constitute a revocation of letters or a discharge of the personal representative or guardian. When a motion to reopen the case is filed, and an order directing the clerk to reopen is provided, no hearing in necessary. There is no need for a new order appointing personal representative or new letters. Any interested party may move to open the case at any time.
Miscellaneous Guardianship Procedural Information
Application for Appointment as Guardian and Application for Appointment as Guardian Advocate
The court has developed form applications that include the date of birth of the applicant for appointment of Guardian and Guardian Advocate.
Download the form on the Probate & Guardianship Division page.
Change of Status of Ward/Change of Ward’s Residence
F.S. 744.1098 directs the following:
- Prior court approval required– A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county is adjacent to the county of the ward’s current residence. Any guardian who wishes to remove the ward from the ward’s current county of residence to another county which is not adjacent to the ward’s current county of residence must obtain court approval prior to removal of the ward. In granting its approval, the court shall, at a minimum, consider the reason for such relocation and the longevity of such relocation.
- Immediate court notification required– Any guardian who wishes to remove the ward from the ward’s current county of residence to another county adjacent to the ward’s county of residence shall notify the court having jurisdiction of the guardianship within 15 days after relocation of the ward. Such notice shall state the compelling reasons for relocation of the ward and how long the guardian expects the ward to remain in such other county.
Download the form on the Probate & Guardianship Division page.
Accounting & Annual Plans
F.S. 744.3678, Fla.Prob.R. 5.695(2) and 5.696, direct that each guardian must file an annual accounting. F.S. 744.367 has been amended, effective July 1, 2015. In both Manatee and Sarasota Counties, pursuant to 744.367(2), the Clerk requires an annual accounting to be filed on or before the first day of the fourth month after the end of the fiscal year.
F.S 744.367 and 744.3675 require that a guardian of the person file an annual guardianship plan. In both Sarasota and Manatee Counties, the Annual Plan is due 60-90 days prior to the last day of the anniversary of the Letters of Administration.
Guidelines Regarding Alleged Incapacitated Person/Ward’s Wishes
F.S. 744.312 provides that the Court must consider the wishes of the AIP regarding the appointment of a Guardian. If the AIP is unable to indicate a preference, the Court must consider the preferences of the AIP’s next of kin. The Court may not give preference to an ETG Guardian when appointing a permanent guardian. A professional guardian serving as ETG may not serve as the permanent guardian unless the Court makes specific findings of fact that the professional guardian has certain skills that are necessary for a particular guardianship, or one of the next of kin, or the Ward, requests that the professional guardian continue to serve as guardian.
Requests for Hourly Fees in Excess of Court Approved Rate
For requests for fees in excess of the court approved rate for either attorney, paralegal, or professional guardian rates, the requesting party must set an evidentiary hearing and present evidence and/or testimony supporting the requested rate. In addition to any statutory criteria, the testimony/evidence must show that the case was unusual, complex, or required extraordinary work or effort by the requesting party.
Attorney/Paralegal Fee Guidelines
Guardianship matters are capped at $425.00 per hour for those attorneys with 1-10 years of experience in guardianship matters and $450.00 per hour for those attorneys with over 10 years of experience in guardianship matters. The Petition for Attorney’s Fees must state the attorney’s number of years of experience in guardianship matters. Paralegal fees are capped at $150.00 per hour.
Reductions
Where there are concerns regarding billing entries, the Court may be unable to make a finding that some of the fees sought are reasonable for services described and must reduce the fees accordingly. The Court must operate under the premise that the description provided represents all of the work that was completed for the time billed, and that no further explanation exists. (The Court recognizes the difficulty in second guessing time expended by an attorney or a guardian.)
Examining Committee Fees
Pursuant to Administrative Order 2016-9.2 In re: Due Process Service Rates, the following fee guidelines apply:
| Ward Non-Indigent Fees |
Ward Indigent Fees |
| Physician/Psychiatrist or Psychologist: $400 |
Physician/Psychiatrist or Psychologist: $350 |
| Other committee members: $250 |
Other committee members: $250 |
Fees in Excess of Standard Rate
Fees in excess of the standard rate for Physician/Psychiatrist, Psychologist or other committee members must be scheduled for hearing before the Chief Judge.
Proposed Order Appointing Examining Committee
Examining committee members for an Alleged Incapacitated Person should include only one physician or psychiatrist. The other two examining committee members should be non-physicians and non-psychiatrists. Departure from this policy will be granted only upon good cause shown in the Petition to Determine Incapacity and a hearing may be required.
These orders are considered emergencies and can be transmitted to the judicial assistant via
email for expedited review and entrance.
Proposed Order Compensating Examining Committee
The Order Compensating Examining Committee must be entered no later than the Final Hearing, and a copy of the order shall be provided to the Examining Committee member by petitioner’s counsel.
It is the exclusive responsibility of the petitioning attorney to submit these orders in a timely manner and to ensure that any issues involving the payment of the examining committee (Including the resolution of any unresolved clerk determination of indigency) are resolved prior to court intervention. Failure to follow this procedure shall result in an Order to Show Cause hearing being held on same.
Ward Indigent
Your order must include the following language:
“By the submission of this Order, the attorney confirms that the clerk has made a determination, based on known income/assets, that the ward is indigent. The attorney and guardian are proceeding at no expense to the ward. Based on indigency, the fees shall be paid by the Court Administration budget for the Twelfth Judicial Circuit.”
Ward Non-Indigent
Your order must include the following language: “The fees shall be paid from the assets of the guardianship estate.”
Professional Guardian Fees
The Petition for Guardian’s Fees must indicate the professional guardian’s number of years of experience in guardianship matters.
- For those professional guardians with 0-2 years’ experience, fees are capped at $75.00 per hour.
- For those professional guardians with 2-5 years’ experience, fees are capped at $90.00 per hour.
- For those professional guardians with 5-10 years’ experience, fees are capped at $105.00 per hour.
- For those professional guardians with 10+ years’ experience, fees are capped at $125.00 per hour.
The above rates contemplate the professional guardian having a 25% or greater indigent caseload.
In order to receive the maximum available rate, the professional guardian must attach to the petition for guardian’s fees a spreadsheet demonstrating that a minimum of 25% of their caseload is indigent cases.
Professional guardian fee petitions that are submitted without this documentation will be capped at a rate that is $25.00 per hour lower than the above stated rate for those professional guardians demonstrating a current minimum 25% indigent caseload.
Professional Guardian Fees (Indigent Ward)
When an attorney files a petition for an order compensating a professional guardian on an indigent ward, the petition must include language attesting that the ward is indigent (in this instance, fees are sought in case unknown assets are later discovered or the ward becomes non-indigent).
Non-Professional Guardian Fees
In an effort to strive for consistency, fees for non-professional guardians will be set at $30 per hour for non-relatives, and $15 per hour for relatives. An exception would be if written consents are provided from all potential beneficiaries. The consent must include language reflecting that the beneficiary is aware that the guardian is charging more than the usual court approved rate of either $30 or $15 per hour, as appropriate.
Each time a petition for fees for a guardian is submitted reflecting an increased hourly rate, the attorney should attach a copy of the original consent(s) to allow that determination to be made without reviewing the court file (the consent only needs to be obtained once at the time of the filing of the first petition for fees).
Court Guardianship Monitoring Program
Read the Guardianship Monitoring Program overview. An Order Appointing Guardianship Monitor may be entered by the court on its own Motion, or following an attorney request for referral to guardianship monitoring. The Sarasota Guardianship Monitor provides coverage for Sarasota County cases only.