Watchdog: Attorney for Embattled Guardian Wants Judge Removed from Case

Embattled professional guardian Rebecca Fierle appearing before a judge in court. (Spectrum News file)

ORLANDO, Fla. — An attorney for embattled professional guardian Rebecca Fierle filed appeals this week to try to overturn a judge’s ruling that Fierle violated state rules by misusing 'Do Not Resuscitate' orders.

• Attorney for Rebecca Fierle wants Judge Janet Thorpe off the case
• CHART: Senior Care in Question: The Rebecca Fierle Case Explained
• READ THE PETITIONS:
  • Petition to remove Judge Janet Thorpe from case
  • Petition to overturn ruling made by Judge Thorpe

Spectrum News’ Watchdog team obtained copies of those two petitions filed by Fierle’s attorney on Monday in the Firth District Court of Appeals.

The petitions ask a judge to reverse Judge Janet Thorpe’s order, as well as to remove Thorpe from any further proceedings.

Fierle’s attorney argued that Thorpe had “no further authority to proceed to remove or permanently remove or discipline a professional guardian, who is regulated by the Florida Department of Elder Affairs.”

Fierle’s attorney went on to say in his argument that, per state code, disciplinary action for professional guardians is handled by the Office of Public and Professional Guardians.

The former guardian’s attorney also claimed the judge was wrong in saying that Fierle needed to have permission or notify the courts and family members before signing off on DNRs.

Following an investigation by the Orange County Comptroller’s office, Thorpe found probable cause to remove Fierle from appointment in Orange County as a professional guardian. Her attorney argued that there was no hearing to allow Fierle to review and contest the findings.

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Watchdog: Attorney for Embattled Guardian Wants Judge Removed from Case