In short: In Florida, guardians and their lawyers are paid reasonable fees from the ward’s assets, but only with court approval (§ 744.108). Every fee petition must be itemized and served with notice. The court weighs time, difficulty, results, and the size of the estate. Families can object, and fees in a dismissed petition can shift to a bad-faith petitioner.
Guardianship is expensive. It is court-supervised, every significant act needs a petition and an order, and the guardian and the lawyers are paid from the ward’s money. Families are often shocked by the bills.
The Rule: Reasonable Fees, From the Ward’s Estate
Section 744.108(1) says a guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, "is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward."
The key word is reasonable, and the court decides.
What the Judge Must Consider
Under § 744.108(2), the court considers:
- The time and labor required.
- The novelty and difficulty of the questions.
- The customary fee in the locality.
- The nature and value of the ward’s property and the income it earns.
- The results obtained.
- The experience, reputation, diligence, and ability of the person performing the service.
Itemized, With Notice
Every petition for guardian or attorney fees "must be accompanied by an itemized description of the services performed" (§ 744.108(5)). It must state the period covered and the total of all prior fees paid in the guardianship (§ 744.108(7)). And it can’t be approved without prior notice to the guardian and the ward, unless the ward is a minor or totally incapacitated (§ 744.108(6)).
That itemization is where an objection starts. Block billing, duplicated work, clerical tasks billed at lawyer rates, and work that didn’t benefit the ward are all fair targets.
Fighting Over Fees Costs Money Too
When the court holds proceedings to review or determine fees, those proceedings are part of the guardianship administration. The costs, including the guardian’s lawyer’s fees for the fee fight, are generally paid from the guardianship estate, unless the court finds the requested compensation "substantially unreasonable" (§ 744.108(8)). Object to the right things.
When the Petition Fails
If a petition to determine incapacity is dismissed or denied, costs and attorney’s fees may be assessed against the petitioner if the court finds the petition was filed in bad faith (§ 744.331(7)(c)).
Protect the Family Before It Starts
- Get every fee agreement in writing.
- Ask for estimates and periodic statements.
- Ask what can be done without a guardianship. A durable power of attorney and advance directives are usually far cheaper.
Watch: the videos behind this article
POA/Guardianship nearly BANKRUPT us. Here’s why The Hidden Cost of Guardianship
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments over guardianship fees, posted on the channel. Watch how the judges question both sides. An argument is not a ruling: read the written opinion, and check whether later cases changed the law, before relying on any outcome.
Can Attorney Get Paid If Guardian Was Never Qualified? Florida Statute 744.108
Did the Fee Dispute Settle Through Counsel? § 744.108 in an Active Guardianship
Sixty Thousand in Fees in a One-Year Guardianship — and Not Enough in the Account
Who Pays Nursing Home Costs? Florida Guardianship Attorney Fees Battle
Florida Guardianship Case: Forced to Pay Attorney Fees? Court Reverses Decision
More Arguments on This Issue
Go Deeper
- Florida Probate Case: Challenging Guardianship Fees After Death
- How Much Does Probate Cost in Florida? The Statutory Fee Schedule, With the Math
Frequently Asked Questions
Who pays guardianship attorney fees in Florida?
Generally the ward’s guardianship estate pays reasonable fees for the guardian and the attorneys who served the ward, after court approval under § 744.108.
Do guardianship fees need court approval in Florida?
Yes. Fee petitions must be itemized, state the period covered and prior fees paid, and be served with prior notice to the guardian and the ward unless the ward is a minor or totally incapacitated.
Can I object to a guardian’s attorney fees?
Yes. Interested persons can object, and the court decides reasonableness using the § 744.108(2) factors. Costs of the fee proceeding are usually paid from the estate unless the request is found substantially unreasonable.
Can the person who filed a guardianship petition be made to pay fees?
If the petition is dismissed or denied and the court finds it was filed in bad faith, costs and attorney’s fees may be assessed against the petitioner under § 744.331(7)(c).
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a probate litigation lawyer for a guardianship fee dispute, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself: § 744.108, Florida Statutes (Guardian and attorney fees and expenses) and all of Chapter 744. The Probate Rules are free 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.
