How To Choose A Guardianship Attorney In Florida – 5 Questions To Ask Before You Hire

If you find yourself requiring the services of a guardianship attorney in Florida, you may be at a loss for where to begin. If you’ve never needed legal services before, finding a reputable and appropriately qualified lawyer to represent your family can be a daunting exercise. Florida guardianship law is complex, and whether you’re seeking appointment as a guardian yourself or are contesting a guardianship petition, it is essential that your guardianship law matter is left in capable hands. By working through the questions below, you’ll be well on your way to discerning whether you’ve found the right lawyer for you.

1) Do They Have Relevant Guardianship Law Expertise?

First and foremost, it is essential that your guardianship attorney has a wealth of expertise in Florida guardianship law. Ideally, they should have several years’ experience behind them, and this experience should include working on a wide range of guardianship law matters, both simple and complex. In particular, you should clarify whether they have experience in both guardianship appointment and removal proceedings, and uncontested and contested guardianship petitions.

They should also be able to advise on general matters relating to guardianship, such as how to lawfully discharge guardianship duties or prepare an annual report to be filed with the circuit court. Familiarity with Florida probate law and procedures is also an added advantage. Don’t be afraid to ask the lawyer you are considering hiring to describe their prior experience with guardianship law matters in detail.

2) Do They Also Have Experience With Marchman Act Interventions?

Depending on the circumstances of your guardianship law matter, it may be important that your attorney also has experience in Marchman Act proceedings. Very often, families seek temporary guardianship appointments in respect of loved ones who are subject to Marchman Act interventions. The Marchman Act is a Florida law which allows a concerned family member to petition the court to place a loved one struggling with a substance use disorder into a treatment program at a rehabilitation facility. In these cases, it is useful for a temporary guardian to be appointed to manage the individual’s affairs until they are able to look after themselves again. Hiring a Marchman Act attorney with experience in guardianship law may be most suitable if you are contemplating facilitating a Marchman Act intervention.

3) Is Their Fee Structure Transparent?

For many people, their greatest concern when hiring a lawyer is that they will be left on the hook for exorbitant legal fees that they were not anticipating. A trustworthy guardianship attorney should be willing to clarify their fee structure up front and answer any questions you may have about how and when you will be charged for their services. Some attorneys also offer flexible payment plans to suit families of various financial positions. While it is usually difficult for lawyers to estimate exact fees upfront, they should be able to give you an approximate figure. If an attorney is evasive about their fee structure, this is a red flag, and you are better off seeking legal assistance elsewhere.

4) Are They Known For Compassionate Client Representation?

Petitioning to become your loved one’s guardian, or contesting the appointment of a guardian you do not trust to act in your loved one’s best interests, can be an emotionally exhausting experience. You may have doubts about whether you are making the right choice for your loved one, or may be simultaneously navigating family disputes about the intervention most appropriate for your loved one’s needs. In these circumstances, you need a compassionate, sensitive and empathetic guardianship attorney in your corner. They will be an invaluable sounding board as you confront the complexities of your guardianship law matter, and will provide both legal and moral support to you during this difficult time.

5) Do They Appear To Be Responsive And Reliable?

Often, the first impression is an accurate one. When you first reach out to the guardianship attorney you are considering hiring, pay attention to how responsive they are to your calls and emails, and whether they appear to be well-organized and demonstrate attention-to-detail. Are they happy to answer your questions, no matter how trivial, and take time to explain the guardianship appointment process to you? If so, this is a promising sign that they will be a reliable and communicative legal representative. You should also listen to your gut feel: if your first interaction leaves you feeling uncertain that they are the best fit for your family, this is probably an instinct you should listen to.