CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1991 WL 168613
...the fees because they had not requested the appointments. In a later case, the fourth district affirmed a trial court's order assessing attorney's fees against Indian River County for court-appointed counsel representing a disabled adult ward under section 415.105(3), Florida Statutes (Supp....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1989 WL 36261
...Appellant, Indian River County, appeals an order directing it to pay the fees of appointed counsel for a disabled adult ward under the provisions of the Adult Protective Services Act. We affirm. The State Department of Health and Rehabilitative Services (HRS) filed a petition pursuant to section 415.105(3), Florida Statutes (Supp....
...Skinner was a disabled 82-year-old whose caretaker, Julia Brinson, had been criminally charged with crimes against Skinner ranging from forgery and grand theft to elderly abuse. At a subsequent hearing, the court granted the petition and, under the provisions of section 415.105(3)(a), appointed attorney Martin E....
...atutes. Section 43.28 mandates that "[t]he counties "shall provide appropriate courtrooms, facilities, equipment, and, unless provided by the state, personnel necessary to operate the circuit and county courts." (Emphasis added). PROTECTIVE SERVICES Section 415.105(3), Florida Statutes, addresses the procedure to determine the need for protective services....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 234538
...The trial court relied upon In re Matter of Skinner,
541 So.2d 781 (Fla. 4th DCA 1989) in applying the foregoing statute. In Skinner, the county appealed an order requiring it to pay the fees of an attorney appointed by the court for a disabled adult ward under the Adult Protective Services Act. Section
415.105(3)(a), Florida Statutes (1989) [the protective services statute] provided that "the court shall appoint legal counsel to represent the aged person or disabled adult if he is without legal representation." Id.,
541 So.2d at 782....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1995 WL 395821
...Although Lynch had a strong desire to remain living in her home, she was in need of 24 hour care because of her failing health. HRS involuntarily removed Lynch from her home and placed her in a nursing home. The following day, HRS filed a petition seeking protective services for Lynch pursuant to section 415.105 of the Florida Statutes....
...ring, but contends that any subsequent investigation into her financial resources was the statutorily mandated responsibility of HRS, and Harris's fees and costs subsequent to the initial hearing should be borne by HRS. We begin our analysis with subsection 415.105(5) which authorizes HRS to petition the circuit court for an order authorizing emergency protective services when there is reason to believe that an aged person or disabled adult requires such services but is incapable of consenting to them. Following a preliminary hearing and a review hearing under paragraphs 415.105(5)(e) and (g), the agency may seek the provision of protective services under subsection 415.105(3) which provides: LACK OF CAPACITY TO CONSENT....
...such hearing. The aged person or disabled adult shall have the right to be represented by legal counsel at any such hearing. The court shall appoint legal counsel to represent the aged person or disabled adult if he is without legal representation. § 415.105(3)(a), Fla....
...it carried out its duty to seek protective services while also being obligated to pay an attorney to oppose invoking those services. [2] We agree with the result in Skinner for the reasons set forth therein. We also find support in the provisions of section 415.105....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 WL 768637
...nal judgment denying its request for adult protective services for the appellee, Jo Lynn McKim. The Department asserts that the trial court erred as a matter of law in determining that it had no statutory authority to order protective services under section 415.1051(1), Florida Statutes, of the Adult Protective Services Act, even though the court found by clear and convincing evidence that appellee lacks capacity to consent to protective services and is a vulnerable adult in need of services. We affirm. Pursuant to section 415.1051(1), Florida Statutes, the Department filed a petition for an order authorizing adult protective services for the appellee, alleging that the 39-year old was a vulnerable adult in need of protective services because of self neglect, and to maintain and ensure her health, safety, and well-being....
...Thus, where a department's construction of a statute is inconsistent with clear statutory language it must be rejected, notwithstanding how laudable the goals of that department. See Cleveland v. Fla. Dep't of Children & Families,
868 So.2d 1227, 1229 (Fla. 1st DCA, 2004). Section
415.1051, Florida Statutes, authorizes the court to order protective services for a vulnerable adult who is being "abused, neglected, or exploited." As the trial judge held, section
415.1051 applies exclusively to a vulnerable adult who is being mistreated by another person....
...), is broad enough to include self-neglect. The phrase "vulnerable adult in need of services," however, is used in another part of the statute, which deals exclusively with services provided with the consent of the adult. This phrase is used only in section 415.105, which states: (1) PROTECTIVE SERVICES WITH CONSENT.If the department determines through its investigation that a vulnerable adult demonstrates a need for protective services or protective supervision, *763 the department shall imme...
...e adult consents. A vulnerable adult in need of services as defined in s.
415.102 shall be referred to the community care for disabled adult's program, or to the community care for the elderly program administered by the Department of Elder Affairs. §
415.105(1), Fla....
...ho are in need of supervision, even if they have not been abused, neglected, or exploited by someone else. That does not lend support to the Department's argument, however, because the Department was not proceeding under this section of chapter 415. Section 415.1051, Florida Statutes, which is at issue in this case, does not employ the phrase "vulnerable adult in need of services." Rather, it uses the phrase "vulnerable adult," which is defined separately in the statute....
