MARY MORGAN, APPELLANT,
v.
GUARDIANSHIP OF RUTH TURGEON, APPELLEE

Fla. 4th DCA | 2000-03-08
Nos. 4D99-1568, 4D99-3771
WARNER, C.J., SHAHOOD and GROSS, JJ., concur.
755 So. 2d 161 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 2 cases

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Synopsis

The Fourth District Court of Appeal reversed attorney's fee awards for Edward Shipe, who was appointed as attorney ad litem to represent an incapacitated ward in a limited guardianship hearing. The court held that Shipe's appointment was strictly limited to the July 10, 1998 hearing and he lacked authority to perform legal services beyond that scope without an expanded court order.


Holding

The court held that Shipe's appointment was expressly limited to the July 10, 1998 hearing, and absent a later order expanding his authority, he had no authorization to perform legal services after July 1998. Therefore, the fee awards for post-July services must be reversed and remanded for redetermination of a reasonable fee only for services incident to the July 10 hearing.


Headnotes

[1] A court may appoint a guardian ad litem to represent a ward in litigation when the guardian's interests are adverse to the ward's.

[2] The scope of an attorney appointed by the court to represent a ward in a guardianship proceeding is limited by the order of appointment.

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Key Quotes

“The order appointing Shipe expressly limited his engagement to the July 10 hearing. No later order was entered expanding the scope of Shipe's authority to represent the ward in other matters, nor did Shipe ever seek to clarify his authority to perform any legal services after July, 1998.”

Establishes that the appointment order was strictly limited in scope and Shipe had no authority to perform services outside that limitation without explicit court authorization.

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Facts & Procedural History

Ruth Turgeon, an 85-year-old woman, was found partially incapacitated due to forgetfulness, confusion, and vulnerability to exploitation. Mary Morgan …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Ruth Turgeon is an 85-year-old woman living in Lantana, Florida. In January, 1998, the Department of Children and Families filed a petition to determine Tur-geon’s incapacity and to appoint a guardian. The petition identified the nature of Turgeon’s incapacity:

Ruth becomes forgetful and confused particularly when put under pressure. She has considerable assets and is very vulnerable for exploitation.

The court appointed Amy Nicol as the temporary emergency guardian of the person and property of Ruth Turgeon. Nicol retained Edward Shipe as her attorney. On April 14, 1998, the court found Tur-geon to be partially incapacitated and appointed her niece Mary Morgan as the limited guardian of Turgeon’s person. The court relieved Nicol of her duties as temporary guardian. On June 9,1998, the court awarded Shipe $12,746.72 in attorney’s fees for representing Nicol, the precise figure he requested in his submission to the court.

After the trial judge received a faxed letter ostensibly written and signed by Turgeon, the court on July 6, 1998, sua sponte entered an order setting a hearing “as to why MARY ELIZABETH MORGAN should not be prohibited from removing RUTH TURGEON from Palm Beach County, Florida and all other matters contained in her letter.” The court appointed Shipe as “an Attorney ad Litem to represent RUTH TURGEON for the purpose of this hearing.”

On July 10, 1998, the court held the hearing generated by Turgeon’s letter to him. Two orders resulted. In the first, the trial court ruled that Morgan had very limited powers and [had] no rights over the residence of RUTH TUR-GEON. In no event shall MARY ELIZABETH MORGAN take any action to move RUTH TURGEON from her house, without authorization of this Court.

The second order, entered on July 15, 1998, appointed Amy Nicol as a court monitor “to insure that RUTH TURGEON is appropriately cared for.” This second order did not mention Shipe.

This appeal concerns two orders awarding attorney’s fees for work Shipe did after July 14, 1998. Chapter 744 contemplates that the court will prudently supervise the disposition of the ward’s assets in a guardianship proceeding. Part of such conservative supervision is that where an attorney is appointed by the court to represent the ward, the scope and extent of such representation is limited by the order of appointment. The letter Tur-geon apparently sent to the judge created a situation where the interest of the guardian was adverse to that of her ward within the meaning of section 744.391, Florida Statutes (1999). The court was therefore authorized to appoint a guardian ad litem to “represent the ward in that particular litigation.” Id. The order appointing Shipe expressly limited his engagement to the July 10 hearing. No later order was entered expanding the scope of Shipe’s authority to represent the ward in other matters, nor did Shipe ever seek to clarify his authority to perform any legal services after July, 1998.

For these reasons, we reverse the orders at issue and remand to the trial court for redetermination of a reasonable fee for services rendered incident to the hearing on July 10, 1998. See In re Guardianship of Jansen, 405 So. 2d 1074, 1077 (Fla. 2d DCA 1981).

REVERSED AND REMANDED.

WARNER, C.J., SHAHOOD and GROSS, JJ., concur.


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Citator

Cited By

  • …guardian is not entitled to compensation for services rendered outside the scope of the guardian’s authority to act for the ward. See In re Guardianship of Jansen, 405 So. 2d 1074, [*693] 1077 (Fla. 2d DCA 1981); Morgan v. (Guardianship of Turgeon, 755 So. 2d 161, 162 (Fla. 4th DCA 2000); Panno v. Perry (In re Guardianship of Schoyahn), 687 So. 2d 81, 82 (Fla. 4th DCA 1994). Hamric also argues that Brinson was entitled to compensation without regard to the scope of Hamric’s authority as guardian because his…

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