In re Guardianship of J.B.B.: Tracy Phillips v. Lanette Bembry, as plenary guardian of J.B.B., an incapacitated person, and Troy Buzzo

Key facts

• The case arose from the Polk County guardianship of J.B.B., an incapacitated person, with Lanette Bembry serving as plenary guardian of the person and property.
• The trial court held a hearing on attorney's fees in the guardianship and found that Tracy Phillips, J.B.B.'s daughter, was not an 'interested person' for purposes of that hearing.
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Holdings

• Being next of kin does not by itself make someone an 'interested person' in a guardianship fee proceeding. An interested person is one who may reasonably be expected to be affected by the…
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Why it matters

Fee disputes are a regular part of guardianship and probate litigation, and this decision helps lawyers who petition for fees paid from a ward's estate. The Sixth District follows Hayes (Fla. 2006) and the Third… — full analysis with a trial