Florida Statutes
Fla. Stat. § 744.108 (2025)
Guardian and attorney fees and expenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.108 Guardian and attorney fees and expenses.—
(1) 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.
(2) When fees for a guardian or an attorney are submitted to the court for determination, the court shall consider the following criteria:
(a) The time and labor required;
(b) The novelty and difficulty of the questions involved and the skill required to perform the services properly;
(c) The likelihood that the acceptance of the particular employment will preclude other employment of the person;
(d) The fee customarily charged in the locality for similar services;
(e) The nature and value of the incapacitated person’s property, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person;
(f) The results obtained;
(g) The time limits imposed by the circumstances;
(h) The nature and length of the relationship with the incapacitated person; and
(i) The experience, reputation, diligence, and ability of the person performing the service.
(3) In awarding fees to attorney guardians, the court must clearly distinguish between fees and expenses for legal services and fees and expenses for guardian services and must have determined that no conflict of interest exists.
(4) Fees for legal services may include customary and reasonable charges for work performed by legal assistants employed by and working under the direction of the attorney.
(5) All petitions for guardian and attorney fees and expenses must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered.
(6) A petition for fees or expenses may not be approved without prior notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated.
(7) A petition for fees shall include the period covered and the total amount of all prior fees paid or costs awarded to the petitioner in the guardianship proceeding currently before the court.
(8) When court proceedings are instituted to review or determine a guardian’s or an attorney’s fees under subsection (2), such proceedings are part of the guardianship administration process and the costs, including costs and attorney fees for the guardian’s attorney, an attorney appointed under s. 744.331(2), or an attorney who has rendered services to the ward, shall be determined by the court and paid from the assets of the guardianship estate unless the court finds the requested compensation under subsection (2) to be substantially unreasonable.
(9) The court may determine that a request for compensation by the guardian, the guardian’s attorney, a person employed by the guardian, an attorney appointed under s. 744.331(2), or an attorney who has rendered services to the ward, is reasonable without receiving expert testimony. A person or party may offer expert testimony for or against a request for compensation after giving notice to interested persons. Reasonable expert witness fees shall be awarded by the court and paid from the assets of the guardianship estate using the standards in subsection (8).
History.—ss. 18, 26, ch. 75-222; s. 11, ch. 89-96; s. 5, ch. 90-271; s. 2, ch. 96-354; s. 7, ch. 2003-57; s. 4, ch. 2015-83.
Notes of Decisions
Cited in 70
cases (9 in the last 5 years), 1980–2026 · leading case: Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006).
Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). “Based on this language, the Third District explained why the heirs of the ward's estate were not entitled to notice: The lack of any requirement for further notice reflects the idea that, in the case of a guardianship, the ward and his estate are the only interested parties.”
In Re Guardianship of Sapp, 868 So. 2d 687 (Fla. 2d DCA 2004). “§ 744.108(1), Fla. Stat. (2002); Cilley v.”
Schlesinger v. Jacob, 240 So. 3d 75 (Fla. 3d DCA 2018). “The structure of section 744.108 also shows the legislature’s intent that the benefit resulting from the litigation is not to be considered when determining whether the attorney is entitled to fees.”
Yazdzik v. Scott, 129 So. 3d 482 (Fla. 2d DCA 2014). “Section 744.108, Guardian’s and Attorney’s Fees and Expenses We next turn our attention to section 744.”
Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). “” § 744.108(1), Fla. Stat. (2012). Such fees are “determined by the court and paid from the assets of the guardianship estate,” § 744.”
Sanford v. Howard, 94 So. 3d 711 (Fla. 2d DCA 2012). “THE LEGAL BACKGROUND Section 744.108(1), Florida Statutes (2010), provides that “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…”
King v. Fergeson, Skipper, Shaw, Keyser, Baron, & Tirabassi, P.A., 862 So. 2d 873 (Fla. 2d DCA 2003). “As the record exists now, there is no evidence that Fergeson, Skipper performed any services “on behalf of the ward” to entitle it to an award of attorney’s fees under section 744.108, nor is there any evidence that Fergeson, Skipper performed any services that benefitted the…”
Thorpe v. Myers, 67 So. 3d 338 (Fla. 2d DCA 2011). “Thorpe and the petitioners’ attorneys are entitled to reasonable compensation under section 744.108, Florida Statutes (2009), the circuit court erred in *340 failing to make appropriate awards to them.”
Hernandez Sr. v. Hernandez, 230 So. 3d 119 (Fla. 3d DCA 2017). “Our analysis is directed by Chapter 744 of the Florida Statutes, which governs guardianship proceedings, section 744.108, which governs guardian’s and attorney’s fees and expenses, and Hayes.”
Zepeda v. Klein, 698 So. 2d 329 (Fla. 4th DCA 1997). “We affirm that portion of the trial court's order finding that the majority of the services Klein performed were recoverable under section 744.108, Florida Statutes (1995).”
In Re Guardianship of Shell, 978 So. 2d 885 (Fla. 2d DCA 2008). “The probate court subsequently entered an order denying Lutheran Services' objections to the reductions in the claimed fees and denying its request for an injunction.”
Jaffe v. Guardianship of Jaffe, 147 So. 3d 578 (Fla. 3d DCA 2014). “Accordingly, it would not “defeat the statutory purposes” of section 744.108 to award Carr the fees and costs for Levy and Zamora.”
— 744.108(1) — 30 cases
Schlesinger v. Jacob, 240 So. 3d 75 (Fla. 3d DCA 2018). “The structure of section 744.108 also shows the legislature’s intent that the benefit resulting from the litigation is not to be considered when determining whether the attorney is entitled to fees.”
Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). “Based on this language, the Third District explained why the heirs of the ward's estate were not entitled to notice: The lack of any requirement for further notice reflects the idea that, in the case of a guardianship, the ward and his estate are the only interested parties.”
In Re Guardianship of Sapp, 868 So. 2d 687 (Fla. 2d DCA 2004). “§ 744.108(1), Fla. Stat. (2002); Cilley v.”
Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). “” § 744.108(1), Fla. Stat. (2012). Such fees are “determined by the court and paid from the assets of the guardianship estate,” § 744.”
Sanford v. Howard, 94 So. 3d 711 (Fla. 2d DCA 2012). “THE LEGAL BACKGROUND Section 744.108(1), Florida Statutes (2010), provides that “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…”
— 744.108(2) — 17 cases
King v. Fergeson, Skipper, Shaw, Keyser, Baron, & Tirabassi, P.A., 862 So. 2d 873 (Fla. 2d DCA 2003). “As the record exists now, there is no evidence that Fergeson, Skipper performed any services “on behalf of the ward” to entitle it to an award of attorney’s fees under section 744.108, nor is there any evidence that Fergeson, Skipper performed any services that benefitted the…”
In Re Guardianship of Shell, 978 So. 2d 885 (Fla. 2d DCA 2008). “The probate court subsequently entered an order denying Lutheran Services' objections to the reductions in the claimed fees and denying its request for an injunction.”
Sanford v. Howard, 94 So. 3d 711 (Fla. 2d DCA 2012). “THE LEGAL BACKGROUND Section 744.108(1), Florida Statutes (2010), provides that “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…”
In Re Guardianship of Sapp, 868 So. 2d 687 (Fla. 2d DCA 2004). “§ 744.108(1), Fla. Stat. (2002); Cilley v.”
Thorpe v. Myers, 67 So. 3d 338 (Fla. 2d DCA 2011). “Thorpe and the petitioners’ attorneys are entitled to reasonable compensation under section 744.108, Florida Statutes (2009), the circuit court erred in *340 failing to make appropriate awards to them.”
— 744.108(2)(a) — 4 cases
Jaffe v. Guardianship of Jaffe, 147 So. 3d 578 (Fla. 3d DCA 2014). “Accordingly, it would not “defeat the statutory purposes” of section 744.108 to award Carr the fees and costs for Levy and Zamora.”
Hook v. Rego, 98 So. 3d 183 (Fla. 2d DCA 2012).
Leroy H. Merkle, Jr., P.A. v. Weems, 83 So. 3d 932 (Fla. 2d DCA 2012).
In Re Guardianship of Krc, 83 So. 3d 932 (Fla. 2d DCA 2012).
— 744.108(2)(e) — 3 cases
Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). “” § 744.108(1), Fla. Stat. (2012). Such fees are “determined by the court and paid from the assets of the guardianship estate,” § 744.”
Yazdzik v. Scott, 129 So. 3d 482 (Fla. 2d DCA 2014). “Section 744.108, Guardian’s and Attorney’s Fees and Expenses We next turn our attention to section 744.”
Richard Ticktin v. Guardianship of Steven Howard Ticktin (Fla. 4th DCA 2024).
— 744.108(2)(g) — 1 case
Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). “” § 744.108(1), Fla. Stat. (2012). Such fees are “determined by the court and paid from the assets of the guardianship estate,” § 744.”
— 744.108(3) — 1 case
Sun Bank & Trust Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994).
— 744.108(4) — 1 case
Meyer v. Watras, 223 So. 3d 1010 (Fla. 4th DCA 2017).
— 744.108(5) — 5 cases
In Re Guardianship of Sapp, 868 So. 2d 687 (Fla. 2d DCA 2004). “§ 744.108(1), Fla. Stat. (2002); Cilley v.”
Anderson v. Sun Trust Bank/North, 679 So. 2d 307 (Fla. 5th DCA 1996).
McGinnis v. Kanevsky, 564 So. 2d 1141 (Fla. 3d DCA 1990).
Sanford v. Howard, 94 So. 3d 711 (Fla. 2d DCA 2012). “THE LEGAL BACKGROUND Section 744.108(1), Florida Statutes (2010), provides that “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…”
O'Hare v. Hamric, 868 So. 2d 687 (Fla. 2d DCA 2004).
— 744.108(6) — 5 cases
Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). “Based on this language, the Third District explained why the heirs of the ward's estate were not entitled to notice: The lack of any requirement for further notice reflects the idea that, in the case of a guardianship, the ward and his estate are the only interested parties.”
Yazdzik v. Scott, 129 So. 3d 482 (Fla. 2d DCA 2014). “Section 744.108, Guardian’s and Attorney’s Fees and Expenses We next turn our attention to section 744.”
Brenda Klepach Abrams v. In Re: Esther Klepach, Etc. (Fla. 3d DCA 2021).
Patricia Ash, Etc. v. Hyman Ash, Etc. (Fla. 3d DCA 2026).
Est. of Patricia McLain, McLain, Jr. v. Guardianship of Patricia A. McLain (Fla. 2d DCA 2025).
— 744.108(8) — 7 cases
Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). “” § 744.108(1), Fla. Stat. (2012). Such fees are “determined by the court and paid from the assets of the guardianship estate,” § 744.”
Jaffe v. Guardianship of Jaffe, 147 So. 3d 578 (Fla. 3d DCA 2014). “Accordingly, it would not “defeat the statutory purposes” of section 744.108 to award Carr the fees and costs for Levy and Zamora.”
Leroy H. Merkle, Jr., P.A. v. Weems, 83 So. 3d 932 (Fla. 2d DCA 2012).
Richard Ticktin v. Guardianship of Steven Howard Ticktin (Fla. 4th DCA 2024).
Lawrence T. Reid, Jr. v. Guardianship of Margaret Reid (Fla. 4th DCA 2019).
— 744.108(b) — 1 case
Hernandez Sr. v. Hernandez, 230 So. 3d 119 (Fla. 3d DCA 2017). “Our analysis is directed by Chapter 744 of the Florida Statutes, which governs guardianship proceedings, section 744.108, which governs guardian’s and attorney’s fees and expenses, and Hayes.”
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