Understanding the Rights of Families in Orlando and Across Florida
Orlando is a city full of opportunities, but like every community, families here sometimes face difficult choices about protecting a loved one’s property or finances. When someone is unable to manage their affairs due to incapacity or because they are missing, Florida courts may establish a conservatorship. But what happens if you disagree with the need for a conservatorship or the person chosen to manage it? The good news is that conservatorships can be contested in Florida, and the law provides clear procedures for doing so.
I am Attorney Beryl Thompson-McClary, an Orlando Conservatorship Attorney. I represent families on both sides of conservatorship cases: those seeking to establish or defend one, and those who want to challenge it. If you are in this position, I can help you understand the law, prepare your case, and protect your family member’s rights. To schedule a consultation, call me at 1-888-640-2999.
Defining Conservatorship Under Florida Law
Unlike some states, Florida does not use the word “conservatorship” for every situation. Florida law treats conservatorship in two primary ways:
- Guardianship of Property under Chapter 744 of the Florida Statutes – When a person is determined incapacitated and cannot manage their property or finances, the court appoints a guardian (essentially acting as a conservator).
- Conservatorship of Absentees under Chapter 747 – When someone is missing, detained, or otherwise absent and cannot manage property in Florida, the court may appoint a conservator to oversee their estate until they return or are declared deceased.
Both arrangements are heavily supervised by Florida courts, and both can be contested by family members or other interested parties.
Grounds for Contesting a Conservatorship
Florida statutes allow several ways to challenge a conservatorship, including:
- Challenging the Need for Conservatorship: Under §744.331, incapacity must be proven with medical and committee evaluations. If you believe your loved one is still capable of managing their affairs, you may contest the petition.
- Challenging the Person Appointed: Even if a conservatorship is necessary, you can challenge who is appointed. Florida law (§744.312) gives courts discretion, but family members often argue over suitability.
- Challenging Mismanagement: After appointment, a conservator’s actions can be challenged if they misuse funds or fail to act in the ward’s best interests.
- Challenging Excessive Fees: Under §744.108, all guardian and attorney fees must be reasonable and approved by the court. Families can object to petitions for payment.
- Challenging Abuse of Authority: If a conservator exceeds their authority without court approval, those actions can be contested in court.
The Court Process for Contests
When a conservatorship is challenged, the process often involves:
- Filing Objections: Any interested party may file objections with the court.
- Evidentiary Hearings: The judge will review medical evidence, testimony, and financial records.
- Court Orders: The court may deny the conservatorship, appoint a different person, or impose restrictions.
- Ongoing Oversight: Even after approval, courts require annual accountings (§744.367). Objections can be filed at any stage.
As your Orlando Conservatorship Attorney, I can represent you in these hearings, ensuring your side is clearly presented.
Why People Contest Conservatorships
From my experience representing families in Orlando and across Orange County, there are several common reasons:
- Families believe the conservatorship is unnecessary and strips away too much independence.
- Disputes among siblings or relatives over who should be appointed.
- Concerns about financial exploitation.
- Disagreements over the conservator’s decisions about property, investments, or spending.
- Anger over fees or attorney charges.
While these disputes can be emotional, Florida law provides a structured process for resolving them in court.
Ramifications of Contesting a Conservatorship
For Families Contesting
The benefit is protecting a loved one’s independence, estate, or rights. The risk is that if the petition fails, the conservatorship may still go forward with court approval, and the process may strain family relationships.
For Conservators Defending
The benefit is clarity and court approval of your role. The challenge is that contests often delay actions you want to take on behalf of the ward. However, defending properly with legal counsel ensures that the conservatorship remains valid and compliant with Florida statutes.
Florida Statutes That Apply
- Chapter 744: Governs guardianship and incapacitated persons. Provides procedures for determining incapacity, appointing guardians of property, and contesting actions.
- §744.108: Addresses guardian and attorney compensation, allowing objections.
- §744.367: Requires annual reporting, which can be contested.
- Chapter 747: Covers conservatorship of absentees, including court powers, appointment, and termination.
Together, these laws create a system where both establishment and oversight are subject to challenge.
FAQs About Contesting Conservatorships in Florida
Can I contest a conservatorship before it is established?
Yes. If you receive notice of a petition, you may file objections before the hearing. The court will hear your arguments about why conservatorship is unnecessary or why a different person should be appointed.
What if I believe my parent is not incapacitated?
Florida law requires a thorough incapacity determination with medical evaluations. If you believe your parent can still manage their affairs, you can challenge the medical evidence and present testimony or records showing capacity.
Can two family members both seek to be conservator?
Yes. Courts often must choose between multiple qualified applicants. The judge will consider the ward’s wishes, the applicants’ backgrounds, and any history of financial mismanagement.
Can I remove a conservator after they are appointed?
Yes. If you have evidence of mismanagement, fraud, or neglect, you can petition the court for removal. The judge may order restitution, replacement, or additional oversight.
How do courts monitor conservatorships in Florida?
Courts require annual accountings of all property, income, and expenses. Conservators must seek approval for major decisions such as selling real estate. Families can review these reports and file objections.
What if I disagree with the fees charged by a conservator or their attorney?
All fees must be approved by the court. If you believe fees are excessive, you can contest them. The judge will decide what is reasonable under Florida Statute §744.108.
Can conservatorships of absentees be contested?
Yes. If a person is missing but presumed alive, family members can challenge the appointment or management of their estate. Chapter 747 provides rights to interested parties to raise objections.
How long does it take to contest a conservatorship?
It depends. Initial objections are usually heard quickly, but disputes about mismanagement may take months and involve hearings, depositions, and detailed financial reviews.
Do I need an attorney to contest a conservatorship?
While not required, having an Orlando Guardianship Attorney ensures that your objections are properly filed, evidence is presented clearly, and your rights are fully protected.
Can a conservatorship be terminated entirely?
Yes. If the absentee returns, if the incapacitated person regains capacity, or if the court finds the arrangement no longer necessary, the conservatorship can be terminated.
Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
Conservatorships can provide important protections, but they must always be fair, lawful, and in the best interests of the person involved. Whether you are defending a conservatorship or contesting one, I am here to represent you. Call me at 1-888-640-2999 to schedule a consultation and discuss your case.
