Gerald F. O'Brien

Guardianship Attorney at Sarasota, FL

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Reviews
Cost
Resume

Professional service

Honest and caring with a high level of integrity

About Gerald

Learn Gerald’s areas of practice.

Practice areas

Guardianship

50%

33 years, 1,500 cases
Probate

30%

33 years, 200 cases
Estate planning

15%

28 years, 300 cases
Arbitration

5%

38 years, 100 cases

I received my undergraduate degree from the University of Michigan, my Master of Arts from the University of Cincinnati, and my law degree from the University of Detroit. While in Detroit, I practiced primarily in the area of Employment Law. I was on staff with Wayne State University where I was involved in labor negotiations, arbitration, and contract administration. I was admitted to the Florida Bar in 1988 and began practicing in Sarasota in 1989. In 1990 I began to shift the focus of my practice to issues involving Estate Planning, Guardianship & Guardianship Avoidance, and Probate & Trust Administration.

I am experienced in all issues involving the avoidance, establishment, and maintenance of a guardianship for incapacitated persons, and seeking termination of guardianship if circumstances warrant. Guardianships often involve contested issues, which I am experienced in handling in a manner consistent with the best interests of the Ward.

I am also a certified Arbitrator and have served as a Hearing Officer for Sarasota County Government since 2001.

Immediately prior to law school, I served as a business manager for a corporation headquartered in Oklahoma City.

Photos and videos

Licensed for 37 years

State FL

Status Member in Good Standing

Acquired 1988

Updated 02/23/2023

State MI

Status Emeritus

Acquired 1985

Updated 02/23/2023

We have not found any instances of professional misconduct for this lawyer.

Contact Gerald

O'Brien & Bennett, P.A.

1800 2nd St Ste 735

Sarasota, FL, 34236

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Reviews

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5.0 / 5.0

3 customer reviews

5 Star

100%

4 Star

3 Star

2 Star

1 Star

Posted by anonymous | July 12, 2015

Professional service

Mr O'Brien helped with my paperwork for living will and will. He listened to my concerns and was understanding of my wishes. Several years ago he also helped me with an employment issue. His office staff is cordial and responsible. I have referred several clients to him over the years,

Posted by deciccocpa | July 2, 2015

Honest and caring with a high level of integrity

His help in my case shows the high level of concern he has for his clients and his desire to make sure people, including opposing attorneys, do the right thing regardless of the compensation involved.

Posted by anonymous | June 4, 2015

Amazing attorney with great knowledge of practice

I needed an attorney for situations I was dealing with and Gerry was able to help!! I would highly recommend him for anyone looking for an attorney! He was very professional!

Cost

Resume

AVVO RATING 8.8 (Excellent)

Work Experience

Partner
O'Brien & Bennett, P.A.
2015 - Present

Owner
Gerald F. O'Brien, P.A.
1989 - 2015

Labor Relations Specialist
Wayne State University
1986 - 1989

Education

University of Detroit Mercy School of Law
JD - Juris Doctor
1985

University of Cincinnati
MA - Masters
1980

University of Michigan
BS - Bachelor of Science
1978

Legal Cases

Sinclair v. Mallette,, 804 So.2d.589 (2nd DCA 2002)
Trial Court affirmed

Surdo v. Surdo, 805 So.2d. 906 (2ndDCA 2001)
Trial Court reversed

Gilbert v. Gilbert, 639 So.2d 645 (2nd DCA 1994)
Trial Court reversed

Associations

American Inns of Court - Pennick Chapter
Master of the Bench
2015 - Present

Stakeholders in Aging
Member
2014 - Present

Sarasota County Bar Association
Member
1989 - Present

Florida Bar
Member
1988 - Present

State Bar of Michigan
Member
1988 - Present

American Inns of Court - Scheb Chapter
Master of the Bench
2010 - 2014

Gulf Coast Legal Services
Board of Directors
2004 - 2010

View all associations

Languages Spoken

English

French

Honors and Awards

Pro Bono Service Award
Legal Aid of Manasota
2015

Appreciation for service
Sarasota County Bar Association
2004

Award in Appreciation
Sarasota Music Teachers Association
2001

BV Rated
Martindale-Hubbell
1990

View all awards

Speaking Engagements

FSGA Spring Conference
Guardianship Road Map from Inception to Final Hearing
2017

Alzheimer's Disease Initiative Training
The Determination of Incapacity and Alternatives to Guardianship
2017

Family Guardian Training
The Initial Inventory
2017

FSGA Spring Conference
Guardianship Monitor
2016

Family Guardianship Training Class
Guardianship Training
2016

Family Guardian Training
Guardianship Training - Initial Inventory
2015

Florida State Guardianship Association Gulf Coast
Update on Statutory Changes to Guardianship Law
2015

Adult Protection Team - Monthly Meeting
Update on Statutory Changes to Guardianship Law
2015

Guardianship Training
Guardianship
2014

Caregivers conference
Life Planning Documents
2014

Family Guardian Training Class
Guardianship - the Initial Inventory
2013

Southwest Florida Legal Assistants Association
Guardianship, Baker Act & Marchman Act
2010

Family Guardianship Training Class
Guardianship - Marshaling Assets
2002

Family Guardianship Training Class
Guardianship - Initial Inventory
2000

Family Guardian Training Class
Guardianship - Initial Inventory
1999

View all speaking engagements

Attorney endorsements

Received (12)

Given (31)

Endorse Gerald

Allan Baily

Guardianship Attorney | Apr 25
Relationship: Fellow lawyer in community

"I endorse this lawyer. Gerald is a highly effective attorney for whom I have known for over 19 years and have the greatest respect. He is intelligent, personable, and cares very deeply about his clients and his work ethics. I have consulted on cases, and worked on cases, and would not hesitate to refer clients to him in the future. In giving Gerald an excellent rating, it's not high enough for his professionalism. He is up front with his opinion and being realistic in what you might expect. I cannot recommend Gerald highly enough, I have given his office permission to release my contact information if you'd like to verify this review, please refer to Allan F. Baily, Esquire"

Sierra Butler

Guardianship Attorney | Jan 06
Relationship: Opposing Counsel on matter

"I endorse this lawyer."

Elizabeth Boyle

Arbitration Attorney | Nov 01
Relationship: Worked together on matter

"I endorse this lawyer. I have known Mr. O'Brien for many years. He was a founder of the current local network of legal aid for those in need. He has worked for decades to support justice for all. Mr. O'Brien has always embodied the highest values of civility. Mr. O'Brien has contributed greatly to the community. He is a person in whom you, and those you care about, can place trust. He is a problem solver, and is unfailingly diplomatic. I am very happy to endorse Mr. O'Brien."

Walter Clayton

Guardianship Attorney | Jul 23
Relationship: Fellow lawyer in community

"Gerry O'Brien is a highly skilled, compassionate, and ethical attorney whose regard for his clients is second to none. I have known Gerry for almost 20 years and I trust him implicitly."

Teresa Bowman

Guardianship Attorney | Jul 21
Relationship: Worked together on matter

"I endorse this lawyer.Gerald O’Brien is an extremely knowledgeable attorney who offers experience, insight, and counsel based on what is best for the client and the situation, and provides honest and straightforward solutions. I am always confident that when I refer a client to Gerry that he will listen with an appreciation for the problem and an understanding for the underlying family dynamics that impact the outcome. He practices in a difficult area of the law that requires a calm voice and professional manner and Gerry sets the standard for both. I consider Gerry my go-to counsel regarding matters of guardianship and related matters and I am proud to be associated with O’Brien Bennett P.A."

Robert Klingbeil

Guardianship Attorney | Jul 20
Relationship: Worked together on matter

"I have worked with Gerry numerous times over the last 20 years in multiple matters, sometimes on the same side and sometimes as opposing counsel. I highly endorse him without hesitation, as Gerry possesses the highest ethical standards and really cares about his clients. He strives to reach a resolution of matters outside of court, but doesn't hesitate to go the distance with full-blown proceedings if necessary to protect his clients' interests."

Christopher Smith

Guardianship Attorney | Jul 15
Relationship: Fellow lawyer in community

"Gerald is a top-tier guardianship attorney who zealously pursues his clients' interests. He is smart, responsive, attentive, and well-respected in the community. You can't go wrong with Gerry."

Marc Soss

Probate Attorney | Jul 15
Relationship: Opposing Counsel on matter

"Jerry is a well respected member of the Sarasota County Bar, an outstanding attorney and adheres to the highest ethical standards."

Mary King

Estate planning Attorney | Jul 15
Relationship: Fellow lawyer in community

"Jerry is a wonderful, caring attorney. He is always working in the best interests of his client. I strongly endorse this lawyer."

Steven Ledbetter

Guardianship Attorney | Jul 14
Relationship: Worked together on matter

"I think quite highly of Mr. O'Brien. He has compassionately assisted my clients through the guardianship process, when needed, and always done a super job. His attention to detail and good communication skills make him an outstanding attorney to work with, and I highly endorse him."

Dana Gerling

Guardianship Attorney | Apr 21
Relationship: Fellow lawyer in community

"I endorse this lawyer. I have known Gerry since I started practicing as both a colleague and mentor. I value his opinion on matters and often will call with questions and advice. He is client centered and very knowledgeable in his field."