A.C. c/o V.R. v. Agency for Health Care Administration
AHCA questioned whether a non-attorney mother could prosecute her disabled minor daughter's appeal from an AHCA Office of Fair Hearings Medicaid order. The Third District held that, absent further guidance from The Florida Bar or the Supreme Court, the mother is not precluded from filing papers on her child's behalf, relying on her natural-guardian status, her own interest as a party/intervenor, ADA accommodation duties under Fla. R. Jud. Admin. 2.540(a), her indigency, and the access-to-courts provision of article I, section 21. The court abated the appeal sixty days to allow pro bono counsel to appear.
Key facts
- Non-attorney mother sought to prosecute an appeal on behalf of her disabled minor daughter from an AHCA Office of Fair Hearings Medicaid order.
- AHCA questioned whether the mother, a non-lawyer, could file papers on her child's behalf without committing unlicensed practice of law.
- +2 more key facts with a free trial
Why it matters
This is a rare written decision addressing whether a non-lawyer parent may prosecute an appeal on behalf of a disabled minor child without committing the unlicensed practice of law. Counsel defending (or challenging)… — full analysis with a trial
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