GAY POLING, INCOMPETENT, APPELLANT,
v.
CITY BANK & TRUST COMPANY OF ST. PETERSBURG, AND CHARLES R. HOLLEY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Gay Poling appeals an order awarding guardianship and attorney's fees for services rendered after he was declared competent. The appellate court held that guardian and attorney fees under Florida law cannot be awarded for services rendered after the ward regains competency, reversing the lower court's fee award.
The court held that guardian and attorney fees cannot be awarded for services rendered after the ward is declared competent. Upon declaration of competency, the ward is free to make independent arrangements with counsel or choose to abandon legal efforts, and guardian fees under Florida law are only authorized for services rendered on behalf of the ward while incompetent.
“This provision cannot be interpreted to authorize payment for services rendered to the ward after he is declared competent. Upon Poling's being declared competent he was free to make any arrangement he desired, either with the attorney who had represented the Guardian or with other counsel, or to abandon said efforts if he so elected.”
Establishes the core holding that guardian fees cannot be awarded for post-competency services because the ward gains independent legal authority.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGay Poling was adjudicated incompetent in 1959 following a work injury in Ohio. City Bank and Trust Company was appointed guardian with attorney Charl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
This is an appeal from an order of the County Judge’s Court of Pinellas County awarding guardian fees to the City Bank and Trust Company of St. Petersburg, as Guardian for Gay Poling, and attorney’s fees to the attorney for the Guardian, •Charles R. Holley.
Gay Poling was adjudicated physically incompetent on April 23, 1959, and thereafter City Bank and Trust Company of St. Petersburg was appointed Guardian. The Guardian retained the services of Charles R. Holley as its attorney.
Gay Poling was severely injured in 1956 while employed as a light and power switchboard operator for the City of Cleveland, Ohio. The inventory of the Guardian showed that he had assets of the value of approximately $4,400.00, and in addition a note and mortgage held for collection by a bank in Ohio with a balance due of $11,-206.10. He was drawing a Public Employees Retirement pension from the State of Ohio in the amount of $105.70 per month, and had an outstanding claim for compensation with the Ohio Workmen’s Compensation Bureau in the amount of $3,703.00, which was awarded prior to his order of 'incompetency. Such amount represented unpaid temporary disability and medical benefits. The Bank, as Guardian, collected *53the amounts received each month, and made disbursements for the benefit of the ward.
On January 9, 1960 the attorney for the Guardian filed an additional claim in behalf of the ward under the Workmen’s Compensation laws of Ohio.
On July 22, 1960 Gay Poling was declared competent, and the Guardian ordered to make a final report and to turn over the property to Mr. Poling. The attorney for the Guardian continued to pursue the claim with associate counsel in Ohio in behalf of Mr. Poling as a result of which he was awarded total and permanent disability benefits commencing June 2, 1961 for life at the rate of $40.25 a week and payment of previously incurred medical expenses through June 6, 1963 in the amount of $19,-780.38. The order further provided that all future medical and nursing expenses would also be paid. Evidence was considered by the court to the effect that the value of this award on the basis of Poling’s life expectancy would amount to in excess of $67,000.00.
The court on July 26, 1963, approximately three years after Poling was declared competent, entered an order awarding guardian fees to the City Bank and Trust Company in the amount of $4,500.00, and attorney's fees to Charles R. Holley in the amount of $11,800.00. The order recited that the delay of the Guardian and its attorney in winding up the affairs of the guardianship proceedings was with the tacit approval and agreement of Poling, and that, therefore, the time was not unreasonable.
The question for determination is the authority of the County Judge to award fees to guardians and attorneys for guardians in guardianship proceedings for services rendered after the ward was declared competent. Florida Statutes Annotated § 745.32 and 745.33, F.S.A. provides that the County Judge shall allow fees for services to guardians and attorneys for guardians for services rendered in behalf of the ward. This provision cannot be interpreted to authorize payment for services rendered to the ward after he is declared competent. Upon Poling’s being declared competent he was free to make any arrangement he desired, either with the attorney who had represented the Guardian or with other counsel, or to abandon said efforts if he so elected.
Other questions raised by this appeal have been considered, and in view of the holding it is not necessary to rule thereon.
Accordingly, the order entered July 26, 1963 allowing fees to City Bank and Trust Company of St. Petersburg, as Guardian of Gay Poling and Charles R. Holley as attorney for the said Guardian is reversed with instructions to enter an order allowing reasonable fees for services rendered up to the date the ward was declared competent, and for such other services reasonably necessary to close out said guardianship.
Reversed with directions.
SMITH, C. J., and KELLY, CLIFTON M., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re the Guardianship OF Lucile K. Jansen, 405 So. 2d 1074 (Fla. 2d DCA 1981)…trenuously opposed Wagstaff’s efforts every step of the way. Compensation to a guardian who has seriously breached his or her duty is not justified. American Surety Co. v. Hayden, 112 Fla. 17, 150 So. 114 (1933); see Poling v. City Bank & Trust Co., 167 So. 2d 52 (Fla.2d DCA 1964). Accordingly, we hold that appellee Wag-staff is not entitled to a fee for any of her activities in connection with her investigation of Mrs. Jansen’s physical condition. She is entitled to a fee only for her activities in connect…
-
Gay Poling v. City Bank & Tr. Co. OF ST. Petersburg, 189 So. 2d 176 (Fla. 2d DCA 1966)…es for services rendered only up to the date that the ward, Gay Poling, was declared competent on July 22, 1960, “and for other services necessary to close out the guardianship.” See Poling v. City Bank & Trust Company of St. Petersburg, and Holley, 167 So. 2d 52. The case thereupon went back to the County Judge and in due course, on November 24, 1964, further hearing was had before said County Judge in the light of this Court’s reversal. At the November, 1964 hearing only trust officer McPheeters of the gu…
-
Luis Stabinski for Leslie Elise Bird v. Meyer, 439 So. 2d 330 (Fla. 3d DCA 1983)…at upon reaching the age of majority, Leslie was free to contract with any other attorney, this does not relieve her from responsibility for expenses legitimately incurred in closing out the estate. Poling v. City Bank & Trust Co. of St. Petersburg, 167 So. 2d 52 (Fla. 2d DCA 1964). Finally, the trustee argues that the fees were improperly charged against the trust assets rather than the guardianship. Although section 744.521, Florida Statutes (1981) and Florida Rule of Probate and Guardianship 5.680(c), co…