Attorney General Ashley Moody fires back at embattled former Florida guardian

Moody says Rebecca Fierle’s appeals should be dismissed

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TALLAHASSEE, Fla. – Florida’s Attorney General is firing back against a former Central Florida guardian under criminal investigation for how she treated patients.

Last month, Rebecca Fierle’s attorney filed appeals saying an Orange County circuit judge had no right to remove Fierle from her guardianship cases and didn’t give her notice to respond to the allegations.

Her attorney, Harry Hackney, says Florida law protected Fierle, allowing her to place do not resuscitate orders on her clients with or without their permission, or the permission of the court.

Attorney General Ashley Moody says Fierle’s claims of innocence have no merit and should be dismissed.

Moody also says the circuit judge who removed Fierle from all of her Orange County guardian cases had the right to do so.

Already, one of Fierle’s appeals over being banned as a guardian has been thrown out because Fierle’s attorney did not respond to a Nov. 4 order to show cause. Fierle resigned from all of her cases in July.

Fierle’s lawyer told News 6 he actually allowed that case to be dismissed and is instead focusing on the other two that are still in play.

The lawyer said he has 20 days to file a response to the attorney general’s findings.

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Attorney General Ashley Moody fires back at embattled former Florida guardian

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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.

Full Article & Source:
Watchdog: Attorney for Embattled Guardian Wants Judge Removed from Case