Requirements & Information
Standards of Professionalism
Judge Moreland expects all attorneys who appear to know and adhere to the Twelfth Judicial Circuit’s Standards of Professionalism, also available on the websites of the Manatee County Bar Association and the Sarasota County Bar Association.
A. Remote Appearance
Judge Moreland maintains a hybrid courtroom, meaning that Judge Moreland can conduct Court with parties appearing in-person and remotely by Zoom at the same time. There are exceptions.
The following proceedings are always “in person” unless requested in advance by Motion and granted by a corresponding Court order. Risk Protection Compliance hearings, Risk Protection Final hearings and Orders to Show Cause hearings.
When you appear via Zoom, you are in Court. Your camera must be on, and you must dress and conduct yourself just like you are in-person in the courtroom.
If a witness appears by Zoom, the party calling the witness must ensure the witness has a camera and has tested the connection before the hearing. Any witness outside of the State of Florida must consent to Judge Moreland administering the oath.
Judge Moreland’s Zoom Credentials - Judge Moreland is the “host”
- Launch Zoom
- Click “Join a Meeting”
- Meeting ID: 892 991 4797
- Password: 841 868
- Note: You must appear with a working camera; no telephone appearances.
If you are a person with a disability who needs special accommodation in order to participate in jury duty, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206,
941‐741‐4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
B. Hearing Procedures
Unless stipulated to by all interested persons, the following hearings shall take place “in person” with the Alleged Incapacitated Person, Ward or Vulnerable Adult present and visible unless waived by his/her representative.
- Hearings on Do Not Resuscitate Orders
- Hearings for the Appointment of Emergency Temporary Guardian
- Final Guardianship Hearings
- Hearings on Petition for Injunction Against Exploitation of a Vulnerable Adult
Scheduling and cancelling hearings
You must schedule and cancel hearings 60 minutes or less through the Judicial Automated Calendaring System (JACS). If the hearing to be cancelled within 5 days, you must contact the Judicial Assistant to physically cancel the hearing. You should then immediately file and distribute a Notice of Cancellation.
Please do not combine timeslots. There are 15 minutes, 30 minutes, and 1-hour timeslots available. If you cannot find a timeslot or need more than 60 minutes for a hearing, please contact the Judicial Assistant for assistance.
Hearings 1 hour or less:All hearings 1 hour or less in length must be scheduled through JACS. Available timeslots are 15, 30 and 60 minutes.
Hearings more than one hour:All hearings estimated to last more than one hour must be scheduled by emailing the judicial assistant with the style of the case, the subject of the motion, DIN and date the motion was filed, and total time needed to complete same. The time requested must include the aggregate time needed for all parties to complete its presentation, understanding the total time will be evenly divided.
Time Sensitive Final Guardianship Hearings or other Time Sensitive Matters:If the parties are unable to locate a hearing date and time on the JACS calendar prior to a time-sensitive deadline, the moving party shall contact the judicial assistant by email to coordinate a hearing. Time sensitive matters may be scheduled based upon the court’s availability anytime between 8:30 a.m. and 5:00 p.m.
Noticing Hearings
A Notice of Hearing is required for all hearings scheduled before the court regardless of duration or nature.
When drafting a notice of hearing, you must be clear as to how the parties are appearing.
- If via zoom, you must include Judge Moreland’s Zoom credentials.
- If “in-person”, you must include the courtroom assignment and the physical address of the Manatee County Judicial Center or Silvertooth Judicial Center as applicable.
- If “in-person” and via Zoom, you must include that this is a “hybrid appearance” and must include both Judge Moreland’s Zoom credentials and courtroom assignment and the physical address of the Manatee County Judicial Center or Silvertooth Judicial Center as applicable.
Mandatory use of camera on Zoom: If you are authorized to appear by Zoom, you must appear with a working camera. You may not appear by telephone unless requested in advance by Motion and granted by a corresponding Court order.
Withdrawing/Substituting as Attorney: If you are withdrawing/substituting as attorney, you must file a Motion to Withdraw or a Stipulation for Substitution with the written consent of the client or a hearing must be set through JACS.
Ex Parte hearings: Unless otherwise noted in the court’s monthly calendar, Ex Parte Hearings will be held on Monday and Wednesday at 8:30 a.m. before the Probate & Guardianship judge in Courtroom 5D either via audio-video communication technology, Zoom platform, or in person.
Ex Parte matters are strictly limited to uncontested, non-evidentiary matters lasting less than 5 minutes. These hearings are not scheduled through the Judicial Assistant or through JACS. The attorney desiring an Ex Parte hearing shall email to the Probate Coordinator, the Petition, Notice of Hearing, proposed Order(s) and all other relevant documents. The email subject line shall include the case style, petition and date of hearing. All documents shall be emailed in one .pdf attachment to the Probate Coordinator no later than noon, on the business day immediately preceding the hearing, no exceptions. Court appearances shall be in person or via zoom unless there is a motion for telephonic appearance and corresponding order. The motion for telephonic appearance must be provided to the Court within three (3) days of the scheduled hearing. Counsel will comply with Florida Rules of Civil Procedure and applicable case law in terms of motions and notices.
Exceptions
- All pleadings/documents shall be filed with the Clerk’s office and viewable on the docket prior to requesting an Ex Parte hearing.
- No Guardianship cases and no Civil cases are permitted on the ex parte docket. No exceptions.
Reconsideration, Rehearing and New Trial Motions: Do not set these motions for hearing. Please send a copy of these filed motions to Judge Moreland’s Judicial Assistant with a cover letter. Judge Moreland will determine whether to grant a hearing.
Emergency Hearings: After an emergency petition or motion has been e-filed or filed with the Clerk’s office, a copy of the petition or motion shall be emailed or delivered directly to the assigned judge’s office, along with a cover letter. The motion should be detailed and include the amount of hearing time required. The time requested must include the aggregate time needed for all parties to complete its presentation, understanding the total time will be evenly divided. The judge will review the petition or motion and determine whether an emergency, expedited or JACS hearing is required. Matters determined to be emergencies will be given the highest priority and may be scheduled based on the court’s availability anytime between 8:30 a.m. and 5:00 p.m. Expedited hearing time shall be scheduled based upon the Court’s availability between 8:30 a.m. and 5:00 p.m. and movant must clear time with the other side.
Emergency Temporary Guardianships: Prior Court approval for emergency temporary Guardianship is not required as, by their very nature, these almost always need to be expedited. If you are unable to locate time on the JACS calendar, you may contact the Judicial Assistant for expedited hearing time. It is still required that copies of all documents be provided to the Court five (5) business days prior to the date of the hearing.
Contested Probate and Guardianship Hearings: Known contested matters must be set for a minimum of one hour to ensure that the time allocated is sufficient to hear the matter before the Court, regardless of representations to the contrary.
If a matter that was previously thought to be uncontested becomes contested and the court determines the amount of time allocated is insufficient to hear the matter, the court may cancel the hearing and direct the parties to reschedule the matter to allow sufficient time to hear the contested matters.
Evidentiary Hearings: Hearings requiring the admission of evidence must be held in-person and are considered contested matters, requiring a hearing duration of at least one hour.
Exception
- If the parties stipulate the introduction of documents and evidence and provide the Court 5 days prior to the hearing all well-organized fully marked evidence, the hearing may be held via Zoom or by hybrid appearances.
Cancellation of hearings: JACS should be used to cancel hearings when possible. However, JACS will not authorize cancellation when it results in short notice to the parties. When JACS does not permit cancellation, the moving party may cancel a hearing by contacting the judge’s judicial assistant. A Notice of Cancellation shall be filed with the Clerk of Court. In any event, when a hearing is canceled. The moving party shall promptly provide notice of the cancellation to all parties, and to the Court. For short notice cancellations within 24 hours of the hearing, the scheduling party shall contact the judicial assistant by email and phone to ensure the cancellation has been communicated to the court.
Courtesy Copies of Hearing Documents: It is required that the scheduling attorney furnish the judge’s office with copies of all hearing documents including: Notice of Hearing, Motion, Rebuttals, Proposed order, all pertinent portions of any documents or pleadings to be referenced, and any supporting case law no later than five (5) days prior to the scheduled hearing. It is required that the responding attorneys furnish the judge’s office copies of all hearing documents including: Responses, Proposed order, all pertinent portions of any documents or pleadings to be referenced, and any supporting case law no later than five (5) days prior to the scheduled hearing.
Beginning April 1, 2026, Judge Moreland will accept electronic copies of the hearing documents. You can submit the hearing documents by emailing the Judicial Assistant at
LFritz@jud12.flcourts.org. You must reference the case number, case name, and date of hearing in the email. Each document must be a separate document – one .pdf for all documents is
unacceptable and no zip files for instance. Failure to provide these hearing documents timely may result in the cancellation of your hearing without notice.
C. Communications with the Court
Self-Represented Litigants (pro se): Judge Moreland must apply the same rules to all parties, regardless of whether you have an attorney. Your opportunity to speak with Judge Moreland about your case is when you are in the courtroom as well as in written motions and responses. The Judge may not talk to you about your case outside of the courtroom, so please do not call to speak with the Judge. Judge Moreland’s Judicial Assistant can help you schedule a hearing. The Judicial Assistant may not help you with your case or send information to the other party or attorney for you. You may obtain information regarding your case by contacting the Manatee County Clerk’s website.
Filing something with the Clerk of Court does not automatically bring it to the attention of the Court. If you wish to bring a motion requesting relief to the attention of the Court, you must provide a copy to the Judge and all the attorneys or parties at the same time.
Emails are not motions. The Court will not consider an email to be a motion. If any party wants Judge Moreland to act, the party must file a motion.
Mandatory Use of the Portal
The Florida Courts E-Filing Authority maintains a single, statewide access point to file court documents known as the E-filing Portal. Most self-represented litigants (pro se litigants) as well as attorneys must register with the Portal to send and receive court documents as required by Florida Rule of General Practice and Judicial Administration 2.516. The Portal maintains many “how-to“ videos.
D. Submission of Orders
Definitions
- E-Filed means through the State Portal.
- For Clerk’s audit (See Matters Requiring Clerk’s Audit Must be E-Filed)
- For Judge: Select Manatee County; Select Division (Probate/Guardianship); Select Judge Moreland. For Probate and Guardianship cases, do not click on proposed orders for any order that requires an audit by the Clerk’s office. (See the section titled Matters Requiring Clerk’s Audit Must be E-Filed) E-file the proposed order as you would any other pleading.
- Emailed means either to the Probate Coordinator for Ex Parte hearings and Judicial Assistant with approval.
- Hard copies means for hearings scheduled on JACS to the Judicial Assistant via U.S. mail, hand delivery or overnight.
Pursuant to Administrative Order 2022-1.2, effective January 24, 2022, the e-filing of proposed orders with the Clerk of Circuit Court in Probate cases is prohibited.
Matters Requiring Clerk’s Audit Must be E-Filed: However, the following is a list of proposed orders that shall be E-filed in order for the Clerk of Circuit Court to be put on notice to conduct their review/audit.
Guardianship
- Order Approving Initial Plan
- Order Approving Annual Plan
- Order Approving Initial Inventory
- Order Approving Annual Accounting
- Order of Discharge
- Order Approving Final Accounting
Probate
- Order Admitting Will
- Order of Discharge
The Clerk will transmit the hard copy of the proposed order to the Court once their review has been completed.
Downloadable Proposed Orders: The Court uses several standard order forms, which you may download and use. If a downloadable form is available, the Court prefers you to use the form because it generally contains specific directions that helps the Clerk of Court maintain data quality in the Clerk’s Case Maintenance System. Please check this page often as the Court frequently adds new or modifies existing proposed orders. You can access these standard order forms on the Civil Division page.
Proposed orders must be submitted through the Portal: All proposed orders must be submitted through the Portal and submitted in Word format only. If the document is to be recorded (e.g., judgment), there must be a blank space measuring 3 inches by 3 inches at the top right for Clerk’s recording stamp.
All proposed orders must be accompanied by a cover letter in PDF/A format. The submitting attorney must ensure all parties/attorneys receive a courtesy copy of both the proposed Order and cover letter. Further, any proposed attachment to a proposed order must simultaneously be submitted through the Portal in PDF/A format. To recap:
- Proposed orders: Word format only
- Cover letters: PDF/A format only
- Attachments to orders: PDA/F format only
The Portal maintains “how-to“ videos, including how to submit a proposed order.
Access the e-Filing Portal’s “how-to” videos
Judge Moreland expects that you will only submit a proposed order when all attorneys or parties agree on its form. If there is a disagreement on the form, or an attorney does not respond within a reasonable time, you may then send the proposed order with a concise statement identifying the disagreement and the specific steps you took. The opposing attorney may submit at the same time an alternate proposed order through the Portal. Please do not include a directive such as “hold this proposed order for x days for an objection to be lodged.” The Court will reject proposed orders seeking to put this burden on the Court or the Court’s staff.
Ex Parte Matters (Not Requiring a Hearing): Proposed orders on ex parte matters that do not require a Clerk’s audit or a hearing, such as fully executed stipulations and agreed orders, may be submitted through the FL e-portal or mailed to the Judicial Assistant. Original Stipulations should be filed with the Clerk prior to submitting them to the Court. The proposed order must be submitted with a copy of the signed stipulation or a letter representing to the Court that it has been reviewed and approved by opposing counsel, and it is an Agreed Order. This letter will be filed by the Court.
Appointing Attorney and Elisor and Appointing Examining Committee: These two proposed Orders are the exception to the rule regarding emailed proposed Orders. Due to the time sensitive nature, these must be emailed to the Judicial Assistant.
Pre- & Post-Hearing (Physical Submission): Proposed orders may be sent via hand delivery, U.S. Mail or overnight and must include an original and adequate number of copies for conforming and stamped, addressed envelopes for mailing. If entered, the order(s) will be filed, and if no copies or envelopes are provided, counsel may retrieve copies from the Clerk’s website for distribution. It will be counsel’s responsibility to ensure all pertinent parties receive copies. If the proposed Order is submitted pursuant to a hearing, opposing counsel shall review and approve the proposed Order prior to submitting it to the Court (the cover letter shall reflect that opposing counsel has reviewed and approved).
Pre- & Post-Hearing (E-Portal): Proposed orders via Administrative Order 2022-1.2 may be sent via the State (Judge’s) portal. If the proposed Order is submitted pursuant to a hearing, opposing counsel shall review and approve the proposed Order prior to submitting it to the Court (the cover letter shall reflect that opposing counsel has reviewed and approved).
5-Day Letters: The Court requires all proposed post hearing Orders be submitted with a “5-day letter” allowing opposing counsel or pro se litigant 5 days within which to object or a letter representing to the Court that if this letter will be filed by the Court.
Litigation by Letter/Phone Calls to the Court: Occasionally attorneys attempt to litigate issues by providing the Court with letters or copies of letters to opposing counsel, and/or attempt to have information relayed to the Court by phone. This is unacceptable. If the parties cannot reach an agreement on an issue after discussion between themselves, then a motion shall be filed and scheduled for hearing. The Court will not read or respond to letters on contested issues.
E. Adversarial Probate Proceeding
Administrative Order 2019-4.5 directs that any adversary Probate proceeding requiring more than ½ day will be transferred to the Civil Division for trial only. The Court defines ½ day as three hours in length or more.
Matters ½ day (3 hours) or less: Contact the Judicial Assistant for available dates via email copying the other side.
Matters more than ½ day: A written request specifying the motion(s) and duration of the hearing time requested shall be transmitted to the Probate Judicial assistant via email copying the other side. Upon receipt of the Order Reassigning Adversarial Proceedings, the parties shall contact the assigned Civil Division judge’s office to coordinate hearing time.
The Order Reassigning Adversarial Probate Proceedings only applies to those matters that are identified by the moving party as requiring more than three hours. The court will continue to hear all other pre-trial motions.
F. Trust Cases Assigned to Civil Division 5
Trust cases assigned to Civil Division S will follow the procedures for Civil Case Management. An Order for Case Management will be sent to the parties with a trial assignment. Trust cases are assigned to Civil Division B or Civil Division D for trial only. All issues that require a hearing up to the first day of trial should be set with Judge Moreland.
G. Other Division Procedures
Conforming Station: A conforming table will be available in Courtroom 5D. Attorneys will be responsible for conforming copies of orders entered in open court. Attorneys will have the option of walking original orders to the Clerk’s office for filing or may file the order in open court if a Trial Clerk is attending the hearing.
Removal of Original Documents from Courtroom: If an attorney makes a request to take an original document from the courtroom following any hearing, the original shall be delivered by the Attorney to the Clerk’s Office on the same business day. no exceptions.
H. Attorney Rotation List
Effective April 22, 2024, the Attorney Rotation List will only be used if it has been determined the alleged incapacitated person or developmentally disabled adult are determined to be not indigent.
Pre- & Post-Hearing (Physical Submission): Proposed orders may be sent via hand delivery, U.S. Mail or overnight and must include an original and adequate number of copies for conforming and stamped, addressed envelopes for mailing. If entered, the order(s) will be filed, and if no copies or envelopes are provided, counsel may retrieve copies from the Clerk’s website for distribution. It will be counsel’s responsibility to ensure all pertinent parties receive copies. If the proposed Order is submitted pursuant to a hearing, opposing counsel shall review and approve the proposed Order prior to submitting it to the Court (the cover letter shall reflect that opposing counsel has reviewed and approved).
Pre- & Post-Hearing (E-Portal): Proposed orders via Administrative Order 2022-1.2 may be sent via the State (Judge’s) portal. If the proposed Order is submitted pursuant to a hearing, opposing counsel shall review and approve the proposed Order prior to submitting it to the Court (the cover letter shall reflect that opposing counsel has reviewed and approved).
5-Day Letters: The Court requires all proposed post hearing Orders be submitted with a “5-day letter” allowing opposing counsel or pro se litigant 5 days within which to object or a letter representing to the Court that if this letter will be filed by the Court.
Litigation by Letter/Phone Calls to the Court: Occasionally attorneys attempt to litigate issues by providing the Court with letters or copies of letters to opposing counsel, and/or attempt to have information relayed to the Court by phone. This is unacceptable. If the parties cannot reach an agreement on an issue after discussion between themselves, then a motion shall be filed and scheduled for hearing. The Court will not read or respond to letters on contested issues.
I. Miscellaneous Probate Procedural Information
Bond for Personal Representative: A bond is required not only to protect assets, but also to ensure that the personal representative does what is necessary to timely close out the estate. General guidelines the court will use are as follows:
| Type of Personal Representative |
Amount of Bond |
| Florida Resident P.R. |
No bond, but Court discretion to set |
| Out-of-State P.R. with value $50,000 or less |
Bond equal to value of estate |
| Out-of-State P.R. with value in excess of $50,000 |
$50,000 bond, but Court discretion to set |
| Out-of-State P.R. with co-P.R. in-state bank/trust company holding assets |
No bond, but Court discretion to set |
Mandatory Checklists: The Manatee Probate Coordinator and Court utilize form checklists to determine if Petitions are correct, and to verify that required documents have been provided. The checklists shall be done and E-Filed for all cases and for all ex parte and JACS hearings.
Petition to Determine Homestead - When a Hearing is Unnecessary: If either two years have lapsed since the date of decedent’s death or 90 days since the date of first publication of Notice to Creditors, and a claim has not been filed, then homestead can be determined by petition/proposed order without a hearing. The petition should include facts establishing that the claim period has expired and that no claims have been filed.
Obtaining a Homestead Order in a Summary Administration: The Petitioner generally swears that there are no creditors. If there are known creditors with timely filed unsatisfied claims, notice needs to be provided for a hearing on the homestead issue. Under the summary procedure, publication to determine unknown creditors isn’t required.
5-Day Letters: The Court requires all proposed post hearing Orders be submitted with a “5-day letter” allowing opposing counsel or pro se litigant 5 days within which to object or a letter representing to the Court that if this letter will be filed by the Court.
Litigation by Letter/Phone Calls to the Court: Occasionally attorneys attempt to litigate issues by providing the Court with letters or copies of letters to opposing counsel, and/or attempt to have information relayed to the Court by phone. This is unacceptable. If the parties cannot reach an agreement on an issue after discussion between themselves, then a motion shall be filed and scheduled for hearing. The Court will not read or respond to letters on contested issues.
J. Miscellaneous Guardianship Procedural Information
Accountings & Annual Plans: F.S. 744.3678, Fla.Prob.R. 5.695(2) and 5.696, direct that each guardian must file an annual accounting. F.S. 744.367 has been amended, effective July 1, 2015. In both Manatee and Sarasota counties, pursuant to 744.367(2), the Clerk requires an annual accounting to be filed on or before the first day of the fourth month after the end of the fiscal year.
F.S 744.367 and 744.3675 require that a guardian of the person file an annual guardianship plan. In both Sarasota and Manatee counties, the Annual Plan is due 60-90 days prior to the last day of the anniversary of the Letters of Administration.
Appointment of Attorney for Alleged Incapacitated Persons (AIP): Per F.S. 744.331(2), the court shall appoint an attorney for each alleged incapacitated person in all cases involving a petition for adjudication of incapacity. The person may substitute his/her own attorney.
Per F.S. 744.3031(1), in an emergency temporary guardianship proceeding the court shall appoint an attorney to represent the alleged incapacitated person during any such summary proceedings.
When the court appoints an attorney for an alleged incapacitated person, the court must appoint the Office of Criminal Conflict and Civil Regional Counsel (ORC), or private attorney as prescribed in s.27.511(6).
Appointment of Attorney for Alleged Developmentally Disabled Adult: Per F.S. 393.12(5) within 3 days after a petition has been filed, the court shall appoint an attorney to represent a person with developmental disability who is the subject of a petition for appointment of guardian advocate.
When a court appoints an attorney for an alleged developmentally disabled adult, the court must appoint the Office of Criminal Conflict and Civil Regional Counsel (ORC), or private attorney as prescribed in s.27.511(6).
Guidelines Regarding Alleged Incapacitated Person/Ward’s Wishes: F.S. 744.312 provides that the Court must consider the wishes of the AIP regarding the appointment of a Guardian. If the AIP is unable to indicate a preference, the Court must consider the preferences of the AIP’s next of kin. The Court may not give preference to an ETG Guardian when appointing a permanent guardian. A professional guardian serving as ETG may not serve as the permanent guardian unless the Court makes specific findings of fact that the professional guardian has certain skills that are necessary for a particular guardianship, or one of the next of kin, or the Ward, requests that the professional guardian continue to serve as guardian.
Attorney/Paralegal Fees: Effective July 10, 2023: Consistent with the standards for Attorney’s Fees in this circuit, Attorney’s Fees in guardianship matters are capped at $425.00 per hour for those attorneys with 1-10 years of experience in guardianship matters and $450.00 per hour for those attorneys with over 10 years of experience in guardianship matters. Paralegal fees are capped at $150.00 per hour. The Petition for Attorney’s Fees must state the attorney’s number of years of experience in guardianship matters.
Reductions: Where there are concerns regarding billing entries, the Court may be unable to make a finding that some of the fees sought are reasonable for services described and must reduce the fees accordingly. The Court must operate under the premise that the description provided represents all the work that was completed for the time billed, and that no further explanation exists. (The Court recognizes the difficulty in second guessing time expended by an attorney or a guardian.)
Examining Committee Fees
Pursuant to Administrative Order 2016-9.2 In re: Due Process Service Rates, the following fee guidelines apply:
| Ward Non-Indigent Fees |
Ward Indigent Fees |
| Physician/Psychiatrist or Psychologist: $400 |
Physician/Psychiatrist or Psychologist: $350 |
| Other committee members: $250 |
Other committee members: $250 |
Proposed Order Compensating Examining Committee
If there is no unresolved clerk determination of indigence, the petitioning attorney should bring the original and copies of the Order Compensating to the adjudicatory hearing.
Ward Indigent: Your order must include the following language: “By the submission of this Order, the attorney confirms that the clerk has made a determination, based on known income/assets, that the ward is indigent. The attorney and guardian are proceeding at no expense to the ward. Based on indigence, the fees shall be paid by the Court Administration budget for the Twelfth Judicial Circuit.”
Ward Non-Indigent: Your order must include the following language: “The fees shall be paid from the assets of the guardianship estate.”
Professional Guardian Fees (Effective July 10, 2023)
- For those professional guardians with 0-2 years’ experience, fees are capped at $75.00 per hour.
- For those professional guardians with 2-5 years’ experience, fees are capped at $90.00 per hour.
- For those professional guardians with 5-10 years’ experience, fees are capped at $105.00 per hour.
- For those professional guardians with 10+ years’ experience, fees are capped at $125.00 per hour.
The Petition for Guardian’s Fees MUST indicate the professional guardian’s number of years of experience in guardianship matter.
The above rates contemplate the professional guardian having a 25% or greater indigent caseload. To receive the maximum available rate, the professional guardian must attach to the petition for guardian’s fees a spreadsheet demonstrating that a minimum of 25% of their caseload is indigent cases. Professional guardian fee petitions that are submitted without this documentation will be capped at a rate that is $25.00 per hour lower than the above stated rate for those professional guardians demonstrating a current minimum 25% indigent caseload.
Professional Guardian Fees (Indigent Ward): When an attorney files a petition for an order compensating a professional guardian on an indigent ward, the petition must include language attesting that the ward is indigent (in this instance, fees are sought in case unknown assets are later discovered or the ward becomes non-indigent).
Requests for Hourly Fees in Excess of Court Approved Rate: Effective July 10, 2023
For requests for fees in excess of the court approved rate for either attorney, paralegal, or professional guardian rates: the requesting party must set an evidentiary hearing and present evidence and/or testimony supporting the requested rate. In addition to any statutory criteria, the testimony/evidence must show that the case was unusual, complex, or required extraordinary work or effort by the requesting party.
Non-Professional Guardian Fees: To strive for consistency, fees for non-professional guardians will be set at $30 per hour for non-relatives, and $15 per hour for relatives. An exception would be if written consents were provided from all potential beneficiaries. The consent must include language reflecting that the beneficiary is aware that the guardian is charging more than the usual court approved rate of either $30 or $15 per hour, as appropriate. Each time a petition for fees for a guardian is submitted reflecting an increased hourly rate, the attorney should attach a copy of the original consent(s) to allow that determination to be made without reviewing the court file. (The consent only needs to be obtained once at the time of the filing of the first petition for fees.)