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 was instrumental in the passage of the 1995 Durable Power of Attorney legislation, which served to further the acceptance of Durable Powers of Attorney by banking and securities industries.

The Committee’s next meeting is scheduled for Thursday, February 22nd in St. Augustine.  The meeting will be held from 1:00pm to 3:00pm in the Casa Monica Ballroom.

The Committee is actively working on the following projects:

  • 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
  • The regulation of professional guardians under newly enacted Part II of the Florida Guardianship Code.
  • 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 newly formed Office of Public and Professional Guardian
  • Venue for guardianships of minors
  • Approval of fees paid to guardians and counsel for guardians
  • Court Elisor services in guardianship actions
  • The use of mediation in guardianship proceedings

The Committee’s current officers are:

Nicklaus Curley

Darby Jones
Professional Fiduciary Services, LLC
Brandon Bellew
Johnson, Pope, Bokor, Ruppel & Burns, LLP


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

© 2018 The Real Property Probate and Trust Law Section of The Florida Bar. All rights reserved.
Webmaster | Privacy Policy | Terms of Use & Disclaimers | Sitemap