Probate & Trust
Guardianship, Power of Attorney & Advance Directives

The Guardianship, Power of Attorney, and Advance Directives Committee is responsible for the study of and preparation of proposed reforms of existing guardianship and mental health statutes. It is also responsible for monitoring legislative and case law developments relating to the care and protection of the person and property of individuals physically or mentally incapable of caring for themselves.

The Committee’s next meeting is scheduled to be held during the Executive Council Meetings at the JW Marriott Marquis on Thursday, November 7th at 1pm in the Metropolitan Ballroom 1.

The Committee is actively working on the following projects:
  • Assisting with implementation of the initiatives raised in the Judicial Management Council Guardianship Workgroup Final Report
  • Addressing access to tenancy by the entireties accounts for necessary expenses of a guardianship ward.
  • Payment of Court Appointed Counsel's fee in good faith cases where no guardianship is established
  • Communications between Judges and the Court Clerk in guardianship accounting actions
  • Procedures for objecting to a suggestion of capacity – Fla. Stat. § 744.464
  • Matters relating to the Office of Public and Professional Guardian
  • Approval of fees paid to guardians and counsel for guardians
  • The use of alternative dispute resolution procedures in guardianship proceeding
  • The implementation of procedures for a guardian's use of Do-Not-Resuscitate Orders.
The Committee’s current officers are:
 Nicklaus Curley
 Jamie Schwinghamer
Roetzel & Andress, LPA
Brandon Bellew
Johnson, Pope, Bokor, Ruppel & Burns, LLP
Stacy Beth Rubel
The Virgil Law Firm


The Real Property Probate and Trust Law Section of The Florida Bar
651 East Jefferson Street, Florida 32399-2300

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