GUARDIANSHIP from Page 21
Remember , however , that Florida Remember , however , that Florida Rule of Professional Conduct 4-1.14 states that a lawyer may seek the appointment of a guardian or take other protective action with respect to a client only when the lawyer reasonably believes that the client cannot adequately act in the client ’ s own interest .
May I Represent a Client in Their Guardianship Proceedings ?
If a guardianship is filed for your client , you may represent your client in the proceedings , but only if you did not file the petition to determine incapacity and petition to appoint plenary ( or limited ) guardian . Florida Statutes Section 744.331 ( 2 )( b ) provides that the AIP may substitute their own private counsel for the court appointed attorney . See Foster v . Radulovich , 2121 WL 4447033 , * 4 ( Fla . 2d DCA Sep . 29 , 2021 ) ( an AIP has a right to substitute their court-appointed attorney with the attorney of their choice until the trial court determines his incapacity ); see also Holmes v . Burchett , 766 So . 2d 387 ( Fla . 2d DCA 2000 ) ( the court may hold an evidentiary hearing on the AIP ’ s capacity to contract prior to issuing an order on the AIP ’ s motion for substitution of counsel ). However , keep in mind that you cannot substitute in as counsel for the AIP if you have already filed a notice of appearance on behalf of any other party ( i . e ., the concerned family member ). Florida case law reminds practitioners that they must remain independent , and that the AIP must be their only client . See Fey v . Curtis , 624 So . 2d 770 ( Fla . 4th DCA 1993 ).
Still Stuck in a Sticky Situation ?
If you have consulted the Florida Rules of Professional Conduct , but still find yourself stuck in a sticky situation related to client incapacity , please call the Florida Bar ! The Florida Bar operates an ethics hotline for its members to offer guidance when a lawyer is unsure of the ethical obligations in a particular situation . Call 1-800-235-8619 . �
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Certified Circuit Court and Federal Court Mediator since 1993
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While the necessary limitations on in person contact imposed on everyone by the current national crisis remain , we are continuing with all client work remotely . Meetings , mediations , arbitrations and special master engagements , for those that elect to do so , are being facilitated through Zoom video conferencing . Our telephone and email contact information remains the same .
For full statement of qualifications and scheduling , contact Dale Burton : 941.366.8100 x232 | dburton @ icardmerrill . com
• Diplomate , Florida Academy of Professional Mediators
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2033 Main Street , Suite 600 , Sarasota , FL 34237 Phone : 941.953.8132 | Fax : 941.366.6384
No charge for travel time | Hillsborough to Charlotte Counties
DANA J . WATTS
BOARD CERTIFIED CIVIL TRIAL LAWYER CERTIFIED CIRCUIT COURT MEDIATOR
In my 30 years as a Supreme Court Certified Mediator I have successfully mediated every type of civil case including :
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