In short: In In re Guardianship of Beckford (2d DCA, June 6, 2025), a Pinellas court appointed a wife as guardian even though her felony record disqualified her, and the appointment was later reversed. Her lawyer still recovered fees. A person appointed by court order is a “guardian” while the order stands, and § 744.108(1) does not tie fees to the guardian’s qualifications.
The Facts
Wayne Beckford suffered an aneurysm in 2020. His son Charles and his wife Donna each petitioned to be guardian.
Donna has a felony conviction. The trial court believed it had discretion and appointed her anyway.
In 2023 the Second DCA reversed in Beckford v. Beckford, holding § 744.309(3) bars anyone with a felony conviction from serving.
On remand Donna resigned and successor guardians were appointed. Her attorney, Hamden Baskin, sought fees for his past services to her as guardian.
Charles, representing himself on appeal, argued no fees could be paid for representing an illegal guardian.
The Decision
The Second District Court of Appeal affirmed the fee award (Case No. 2D2023-2657, June 6, 2025; opinion by Judge LaRose).
Section 744.102(9) defines a guardian as a person appointed by the court. Donna was appointed by court order, so she was a guardian while that order stood, even though the appointment was later reversed.
Section 744.108(1) entitles a guardian’s attorney to reasonable fees for services rendered to the guardian on the ward’s behalf. The Legislature did not condition fees on the guardian’s qualifications, and earlier cases hold there is no prevailing-party requirement.
A footnote noted the amount can be reduced for unnecessary or unproductive work under § 744.108(2), but the amount was not challenged.
The Law
Section 744.309(3) disqualifies convicted felons from serving as guardians. Sections 744.108(1)–(2) govern fees.
Current law (2026): § 744.108 is unchanged since 2015. Chapter 2025-153 amended § 744.309 only to update a cross-reference; the felony bar remains.
Lessons
- Object to an unqualified guardian at the start, and appeal promptly. Fees accrue while the appointment stands.
- Fee challenges should attack the amount and necessity of the work under § 744.108(2), not just entitlement.
- Families fighting over guardianship should expect the ward’s estate to bear much of the cost.
- Video note: the court treated this as an appointed-but-disqualified guardian, not one who was never appointed.
Source: Opinion, In re Guardianship of Beckford, No. 2D2023-2657 (Fla. 2d DCA June 6, 2025)
Watch the Oral Argument
This is the recording of the oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Can Attorney Get Paid If Guardian Was Never Qualified? Florida Statute 744.108 | In re Guardianship of Beckford
Go Deeper
- A Daughter Became Her Mother’s Caregiver, and Was Convicted of Neglect (Sieniarecki v. State)
- How to Avoid Guardianship in Florida: The Power of Attorney Is the Least Restrictive Alternative
- A Parent’s Choice of Guardian Beats “Best Interests” Absent Harm (D.R. v. Heidrich)
Frequently Asked Questions
Can a convicted felon be a guardian in Florida?
No. Section 744.309(3) disqualifies anyone convicted of a felony.
Does a guardian’s lawyer get paid if the guardian is removed?
Under Beckford, the lawyer can recover reasonable § 744.108 fees for services while the guardian was serving under a court order.
Can guardianship fees be reduced?
Yes, for unnecessary, unproductive or excessive work, under § 744.108(2).
Who pays guardianship attorney fees?
Generally the ward’s guardianship estate, with court approval.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
