Disgraced ex-guardian Rebecca Fierle in contempt of court for failing to give documents, replacement says

Jack Meagher says his court-appointed guardian, Rebecca Fierle, doesn't respect his wishes, and he doesn't need someone to make decisions for him.

By Jeff Weiner

Though former Orlando guardian Rebecca Fierle resigned amid scandal months ago, her legal squabbles continue with some of those appointed to replace her.

In the latest salvo, attorneys for guardian Kelly Pitman are asking Orange County Circuit Judge Janet Thorpe to hold Fierle in contempt of court, after they say she failed to hand over documents regarding at least two of her former wards.

Pitman, through attorneys David A. Yergey Jr. and David A. Yergey III, first filed a broad request Sept. 5, demanding that Fierle hand over contracts, correspondence, reports, financial statements, calendars and other materials related to her handling of the wards.

Months — and a court order — later, she has not complied, they say.

“The refusal of Fierle to comply with the Court’s order was willful and improper, and such unwarranted refusal has necessitated the filing of this Motion,” Pitman’s latest filing says. It asks for Fierle to be ruled in contempt and ordered to pay Pitman’s expenses and attorney’s fees.

In an emailed statement, Fierle’s attorney, Harry T. Hackney, said Fierle “is, in fact, producing voluminous records voluntarily pursuant to an agreed order.”

“Mr. Yergey was advised of this and filed the motion immediately anyway,” he said.

Fierle was a prolific guardian, appointed in hundreds of cases across more than a dozen counties, before a scandal erupted concerning her handling of 75-year-old ward Steven Stryker, who died in a Tampa hospital while under a “do not resuscitate” order Fierle signed against his wishes.

She has since acknowledged routinely filing DNRs for wards. Probes have also found evidence of double-billing, conflicts of interest and cases in which she acted outside her legal authority.

Fierle is being investigated criminally by the Florida Department of Law Enforcement and the office of Attorney General Ashley Moody, but has not been charged with any crimes.

The controversy, as well as a series of Orlando Sentinel special reports exposing issues in the state’s troubled and underfunded guardianship system, have prompted calls for reform. Legislation to require court approval for DNRs and close statutory loopholes was filed by lawmakers this week; Gov. Ron DeSantis is seeking to nearly double the budget of the state’s oversight agency; and AdventHealth, which had paid Fierle nearly $4 million over a decade, is overhauling its use of guardians.

Fierle resigned as a professional guardian July 25 in a letter to the state’s Department of Elder Affairs. She had stepped down from all Orange County cases weeks earlier.

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Disgraced ex-guardian Rebecca Fierle in contempt of court for failing to give documents, replacement says