,

The Role of Mediation in Guardianship Disputes

The Role of Mediation in Guardianship Disputes

How Families in Conflict Can Use Mediation to Resolve Guardianship Issues Without Prolonged Court Battles

Orlando families face complex decisions when a loved one can no longer manage their affairs. Whether the issue involves an aging parent, a special needs adult child, or someone at risk of financial exploitation, guardianship may be the right step. But these cases often create deep conflict among family members, especially when people disagree about who should serve as guardian or whether a guardianship is even necessary.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I’ve worked with clients on both sides of guardianship disputes—some who are trying to protect a vulnerable loved one, and others who believe a guardianship is being misused or mishandled. I’ve handled these cases across Orange County, Florida, and I know how emotionally charged they can become. That’s why I often encourage families to consider mediation as a way to resolve these disagreements without the cost, stress, and public exposure of a courtroom battle.

If you’re involved in a guardianship dispute or concerned that a guardianship may be hurting rather than helping your loved one, call my office at 1-888-640-2999 to schedule a consultation. I’ll help you understand what your rights are and how Florida law applies to your specific situation.

What Is Mediation in a Florida Guardianship Case?

Mediation is a voluntary, confidential process where parties work with a neutral third party—a trained mediator—to try to reach an agreement. In the context of guardianship, mediation can help family members resolve disputes without requiring the court to make all the decisions. It’s not about who wins or loses—it’s about finding a resolution that works for the ward and preserves important relationships.

Under Florida Statutes § 44.1011–44.108, mediation is recognized as an alternative dispute resolution tool, and Florida probate and guardianship courts often refer contested matters to mediation before proceeding to a hearing. That’s because these cases are rarely just legal—they’re deeply personal.

As an Orlando Guardianship Attorney, I’ve seen mediation resolve issues like:

  • Who should be appointed as guardian
  • Whether a guardianship is needed at all
  • Concerns over a guardian’s financial management
  • Disputes over visitation or medical care decisions
  • Suspicion of undue influence or abuse

Why Do Guardianship Disputes Happen?

These cases usually start with good intentions. Someone notices a parent or relative is no longer managing finances safely or seems vulnerable to exploitation. But when multiple family members disagree about the right solution, things can quickly escalate.

Common disputes I see in my practice include:

  • One sibling believes guardianship is needed; another insists it’s not
  • Adult children don’t agree on who should be guardian
  • A previously appointed guardian is accused of misusing funds
  • A guardian is limiting access between the ward and other family members
  • The ward is objecting to the guardianship entirely

Disagreements like these can turn into long court battles unless mediation is considered early. Mediation can de-escalate conflict and help everyone get clarity on what’s best for the ward.

Florida Law and Court-Ordered Mediation in Guardianship Matters

Under Florida Probate Rule 5.095, contested guardianship matters—including petitions for appointment, objections to appointment, removal of a guardian, or challenges to accountings—are subject to mediation at the court’s discretion. Judges in Orange County often refer families to mediation in an effort to encourage resolution and avoid a full evidentiary hearing.

Mediators in these cases are typically required to be certified under Florida Supreme Court rules. They do not take sides. Their job is to help the parties listen to each other, clarify what’s at stake, and come to a written agreement—one that can be submitted to the court for approval.

Whether you’re the petitioner, an objecting family member, or an existing guardian under review, I can represent your interests during mediation and ensure that your position is clearly articulated and legally protected.

Mediation Benefits for Guardianship Disputes in Orlando

Families who choose mediation often report less stress, more control over the outcome, and better relationships afterward. That’s not just talk—I’ve represented dozens of clients in mediations where real, lasting resolution was achieved.

Some benefits include:

  • Confidentiality – Unlike a public courtroom hearing, mediation discussions are private
  • Faster resolution – Cases resolved through mediation can settle in days or weeks instead of months
  • Less expense – Mediation typically costs far less than fully litigated guardianship proceedings
  • Customized agreements – Parties can agree on flexible solutions tailored to the ward’s needs
  • Preserved relationships – Mediation fosters communication, not courtroom conflict

What If Mediation Fails?

Mediation is voluntary. You’re not required to accept any offer or settle if the terms don’t protect the ward’s interests. If the parties are unable to reach a resolution, the case returns to court for a formal hearing. At that point, a judge will decide who should serve as guardian, whether the current guardian remains, or whether any misconduct has occurred.

Even if mediation doesn’t fully resolve every issue, it often clarifies where each party stands and helps narrow the issues the court must address. In many cases, partial agreements reached in mediation reduce the time and cost of litigation.

Representing Both Sides: Guardians and Concerned Family Members

I work with clients who are seeking guardianship as well as those who are contesting it. If you’re being accused of mismanaging a ward’s affairs and you know that’s not true, mediation gives you a chance to tell your side calmly and effectively. If you believe your loved one is being isolated or financially mistreated, mediation gives you a legal channel to address those issues and request appropriate changes.

In either case, I prepare my clients to enter mediation with a clear understanding of the law, a strategic plan, and a focus on protecting the ward’s well-being.

Guardianship Mediation and Florida Statutes

Florida guardianship law is designed to protect the ward’s rights while offering families a legal structure to ensure care and accountability. The court’s priority is always the ward’s best interests, and any mediation agreement must reflect that.

Relevant statutes include:

  • Fla. Stat. § 744.331 – Procedures for determining incapacity
  • Fla. Stat. § 744.312 – Factors for court appointment of a guardian
  • Fla. Stat. § 744.441 – Powers of the guardian that require court approval
  • Fla. Stat. § 44.102 – Court-ordered mediation of civil disputes

Mediation doesn’t take the court out of the equation—it’s a way to allow the parties to present a joint resolution to the court that meets legal requirements and avoids protracted litigation.

When You Should Consider Mediation in a Guardianship Dispute

You should seriously consider mediation if:

  • The family is divided over who should serve as guardian
  • You suspect financial or emotional abuse, but there’s no solid proof
  • The court is pushing the parties toward resolution before hearing
  • There are underlying personal conflicts influencing the legal dispute
  • You’re trying to avoid unnecessary expense, delay, and hostility

I help clients throughout Orange County evaluate whether mediation can help resolve their case. If mediation is right for your situation, I’ll be by your side the entire time, protecting your rights and helping you fight for your loved one.

Florida Guardianship Mediation Frequently Asked Questions

Can a judge force parties to go to mediation in a guardianship dispute?
Yes, under Florida Probate Rule 5.095 and Florida Statutes on court-ordered mediation, judges may require the parties to attend mediation in a contested guardianship case before proceeding to a full hearing. The court cannot force a settlement, but it can require that you sit down with a neutral mediator and attempt to reach a resolution.

What happens if no agreement is reached during mediation?
If mediation ends without a full agreement, the case will proceed to a hearing where the judge will make a decision. However, anything said during mediation is confidential and cannot be used in court. Even partial agreements can help narrow the issues and reduce the time needed in front of the judge.

Can the ward participate in mediation?
In some cases, yes. If the ward retains some decision-making capacity or the mediation involves issues that affect their daily life, they may participate, either directly or through their attorney or guardian ad litem. The court may also require their input for final approval of any settlement.

Does mediation delay the guardianship case?
Not necessarily. In fact, mediation often resolves issues more quickly than litigation. In many guardianship disputes, mediation is scheduled early in the process to reduce delays and limit court time. If the case is urgent, the court may address emergency matters while mediation is still pending.

Can we use our own mediator or must we use one appointed by the court?
You may agree to use a mediator of your choosing, as long as both parties agree and the court approves. If the parties cannot agree, the court will appoint a certified mediator. It’s important that the mediator understands probate and guardianship law, especially if financial or legal complexities are involved.

How much does guardianship mediation cost?
The cost of mediation varies depending on the complexity of the case and the mediator’s fees. In most cases, the cost is shared between the parties. Compared to full litigation, mediation is often far more cost-effective, especially when it resolves the case without multiple hearings or depositions.

Is a mediated guardianship agreement legally binding?
Yes, once the parties sign the agreement and the court approves it, the terms become legally binding. The judge must ensure that the agreement complies with Florida law and serves the ward’s best interests. If approved, it has the same legal force as a court order.

Can mediation address issues beyond guardianship, like visitation or family communication?
Absolutely. One of the biggest strengths of mediation is that it allows families to address broader concerns that the court may not resolve on its own. This includes family access, holiday schedules, decision-making coordination, and even financial transparency. These terms can be included in a mediated settlement.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.

If you are involved in a guardianship dispute in Orlando and want to explore whether mediation can help resolve your case before it escalates, I can help you understand your rights and legal options. Whether you’re pursuing guardianship or challenging one, I’ll work to protect your loved one’s interests and give you a clear plan forward.

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Can a Guardianship Be Revoked or Modified in Florida?

Can a Guardianship Be Revoked or Modified in Florida?

How Florida Law Handles Petitions to End or Change Guardianships—And What You Should Know If You’re Involved

As a Guardianship Attorney in Orlando, I’ve worked with families across Orange County dealing with every phase of the guardianship process—from establishing protective arrangements for vulnerable loved ones to challenging or modifying court orders that no longer reflect the best interests of the person under guardianship. Whether you’re a guardian, a concerned family member, or the ward yourself, one thing is certain: life circumstances change. And when they do, Florida law provides a legal path to either revoke or modify a guardianship.

If you’re asking whether a guardianship can be changed or terminated in Florida, the answer is yes—but only under specific conditions and with court involvement. I help clients on both sides of this legal issue—those seeking to end guardianships that have outlived their usefulness, and those defending existing arrangements when they’re challenged. If this is a situation you or your family are facing, I encourage you to call my office at 1-888-640-2999 to schedule a consultation. I handle these matters throughout Orange County and bring years of experience in sensitive, high-stakes guardianship litigation.

Let me explain how Florida law approaches guardianship modifications and terminations, what legal standards apply, and how the court evaluates each case.

Understanding Florida Guardianship Law: When the Court Gets Involved

Guardianship in Florida is governed by Chapter 744 of the Florida Statutes, which outlines when a guardianship can be established, how it must be maintained, and under what circumstances it can be changed or terminated.

Under Fla. Stat. § 744.521, the court retains jurisdiction over the guardianship for the life of the ward or until the guardianship is formally terminated. A guardianship may be revoked (fully terminated) or modified (adjusted in scope), depending on the circumstances.

It’s important to understand that Florida courts do not take these decisions lightly. Once a guardian is appointed—particularly in plenary guardianships where all legal rights are transferred to the guardian—the court becomes the ward’s legal protector. Any attempt to change that arrangement requires a strong factual and legal basis.

When Can a Guardianship Be Revoked?

A guardianship can be revoked if the court determines that the ward is no longer incapacitated or that the guardianship was established improperly. Under Fla. Stat. § 744.464, any interested person—including the ward—can file a petition to restore rights or to terminate the guardianship.

There are two common situations where revocation may be appropriate:

  1. Restoration of Capacity
    If the ward’s condition has improved, they may petition the court for the restoration of some or all of their civil rights. The court requires clear evidence of improved mental or physical capacity, typically supported by one or more medical evaluations. If the court is satisfied that the ward is capable of managing their own affairs, the guardianship will be revoked.
  2. Improper or Unnecessary Guardianship
    In some cases, a guardianship may have been established when less restrictive alternatives were available (such as powers of attorney, advanced directives, or supported decision-making). If it becomes clear that the guardianship is no longer necessary—or that it was established based on incomplete or incorrect information—the court may order its termination.

As an Orlando Guardianship Attorney, I’ve represented clients who successfully had their rights restored after years under guardianship. These are meaningful victories that return control over a person’s own life.

When Can a Guardianship Be Modified?

Florida law also allows for modification of an existing guardianship under Fla. Stat. § 744.464(2). The modification process applies when the current guardianship needs to be expanded, reduced, or otherwise altered.

Reasons to modify a guardianship may include:

  • Improved capacity of the ward: The ward has regained partial function and no longer requires plenary guardianship.
  • Change in guardian’s ability: The current guardian can no longer perform their duties due to illness, relocation, or other hardship.
  • Change in the ward’s needs: The ward’s medical, financial, or personal circumstances have changed.
  • Evidence of misconduct: The guardian is mismanaging the ward’s affairs, and the family seeks more limited or supervised authority.

The court may modify the scope of the guardianship (from plenary to limited), change who serves as guardian, or impose new requirements for oversight.

I’ve handled many cases where families sought a modification to reduce conflict, improve care, or increase the ward’s autonomy. If the facts support a change, and it’s in the ward’s best interest, the court will consider it.

What Evidence Does the Court Require?

Whether you’re asking to revoke or modify a guardianship, you must provide credible, admissible evidence. The court often requires:

  • Recent medical evaluations from qualified professionals
  • Financial records, if the petition involves financial mismanagement
  • Statements from caregivers, physicians, or family members
  • Guardian performance reports or audits

The judge’s responsibility is to protect the ward while balancing their right to autonomy. In some cases, the court may appoint a court monitor or examining committee to investigate the facts before making a decision.

If you are trying to restore rights or end a guardianship, we’ll work closely to gather the necessary documentation, consult the appropriate medical professionals, and file a petition that fully supports your request.

What Happens to the Guardian if a Case Is Revoked?

When a guardianship is revoked, the guardian must file a final report and transfer all property and records back to the ward or their estate. The court may discharge the guardian only after confirming that all duties have been fulfilled.

If a guardian has acted inappropriately, the court may impose sanctions, including reimbursement of funds, removal from future appointments, or even criminal charges in cases involving fraud or abuse.

If you’re the guardian and someone is trying to revoke or modify the arrangement, you have the right to defend your record. As your attorney, I’ll work to ensure your actions are fairly reviewed and that the court understands the context and care you’ve provided.

The Role of Interested Parties in These Cases

Florida law allows any “interested person” to petition for revocation or modification. This may include:

  • The ward
  • A spouse or adult child
  • Siblings or other close family members
  • Long-term caregivers
  • Health care surrogates
  • Financial institutions or court-appointed monitors

These proceedings can be cooperative or highly contested. I’ve seen both. My role is to bring clarity, legal structure, and strong advocacy to what’s often a deeply emotional situation. Whether you are initiating a petition or responding to one, you deserve strategic legal representation from someone who knows this area of law.

How I Can Help You

Every guardianship case is unique. The emotional weight of these matters can’t be overstated. I have helped families across Orange County handle complex questions about capacity, financial rights, guardian misconduct, and family disagreements over who should be in charge.

If you’re trying to revoke or modify a guardianship—or if you’re defending one—I’ll give you honest advice, a thorough legal strategy, and dedicated representation.

Call my office at 1-888-640-2999 to schedule a consultation. Let’s talk through your case and determine what’s best for you and your loved ones.

Florida Guardianship Frequently Asked Questions

Can a ward file their own petition to end the guardianship?
Yes. Under Florida law, the ward has the right to petition for restoration of their rights. This petition must be filed with the court and supported by credible medical evaluations showing that the ward is no longer incapacitated. The court will hold a hearing and may appoint an examining committee to review the case before deciding whether to restore rights and terminate the guardianship.

What kind of evidence is needed to modify a guardianship?
The court expects specific, reliable evidence before agreeing to modify a guardianship. This may include medical records, reports from caregivers, performance records of the guardian, or testimony from family members. If the ward’s condition has improved, you’ll need a recent medical evaluation confirming their increased capacity.

Can the same person be reappointed if a guardianship is revoked and then re-established later?
Yes, it’s possible, but the court will consider whether reappointing the same guardian is in the ward’s best interests. The court may also look at the guardian’s previous conduct, any objections from family, and the ward’s wishes, if expressible. The key factor is always what serves the ward’s well-being and safety.

What if the guardian is accused of financial misconduct?
Financial misconduct is taken seriously. If someone believes a guardian is misusing funds, they can petition the court for a review. The court may order a forensic audit, remove the guardian, and require repayment of misused funds. In some cases, criminal charges can be filed. The court also has discretion to appoint a new guardian if necessary.

How long does it take to revoke or modify a guardianship?
It depends on the complexity of the case, the level of medical evidence needed, and whether there’s opposition. If uncontested and well-supported, a petition may be resolved in a few months. Contested cases involving hearings, court-appointed examiners, or guardian misconduct investigations may take much longer.

Can someone object to a petition to revoke or modify a guardianship?
Yes. Any interested party may object. The objecting party can submit evidence, testify at the hearing, and present their own witnesses. If you’re facing a challenge to an existing guardianship, having legal counsel is essential to protect your position and respond appropriately.

Is a guardianship always permanent?
No. Guardianships are reviewed by the court and can be modified or revoked at any time if circumstances justify it. Florida courts prefer the least restrictive means of protecting someone, which means that if the ward regains capacity or a better arrangement becomes available, the court may act to change the current order.

What happens if the guardian becomes ill or moves away?
The court can appoint a successor guardian if the current guardian can no longer serve. The current guardian should notify the court promptly, submit a final report, and assist with the transition. A hearing will be held to determine the new guardian and ensure continuity of care.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
If you’re involved in a guardianship case and believe the arrangement needs to be changed—or if you’re defending a guardianship that’s under legal challenge—it’s critical to understand your rights and responsibilities under Florida law. These are high-stakes, emotional matters that require experienced legal support.

Let’s work together to protect what matters most.

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What Happens If a Guardian Is Accused of Mismanagement in Florida?

What Happens If a Guardian Is Accused of Mismanagement in Florida?

In Orlando, guardianship cases often begin with good intentions—protecting an aging parent, caring for an adult child with special needs, or stepping in when someone can no longer manage their affairs. But when questions arise about how a guardian is handling their responsibilities, everything can change quickly. Allegations of mismanagement—especially in cases involving substantial assets—can spark deep family conflict and lead to serious legal consequences.

I’m Beryl Thompson-McClary, a Guardianship Attorney in Orlando. I handle guardianship disputes throughout Orange County and across Central Florida, working with both family members seeking to remove a guardian and guardians who need to defend their actions. If you are facing this issue, whether you’re raising concerns or being accused, I encourage you to call my office at 1-888-640-2999 to schedule a consultation. These cases are sensitive, and they require careful handling, not just to protect assets, but to protect people.

Let’s talk about what Florida law says, what the process looks like, and how both sides of a guardianship dispute should prepare.

Understanding Guardianship Mismanagement Under Florida Law

When someone is appointed as a guardian in Florida—whether of the person, the property, or both—they assume a fiduciary duty. That’s a legal obligation to act solely in the best interests of the ward. Under Fla. Stat. § 744.361, guardians must:

  • Act prudently in managing the ward’s property
  • Avoid self-dealing and conflicts of interest
  • Keep accurate financial records
  • File annual reports with the court
  • Obtain court approval for certain transactions

Mismanagement can include a wide range of misconduct, such as:

  • Using the ward’s funds for personal gain
  • Failing to pay the ward’s bills or provide medical care
  • Selling the ward’s property without court approval
  • Neglecting to file mandatory reports
  • Making poor investment choices without legal authority
  • Failing to disclose financial conflicts

Some cases involve deliberate fraud or theft. Others involve mistakes, oversights, or honest disagreements among family members. Either way, Florida law takes these allegations seriously.

Who Can File a Complaint Against a Guardian?

Almost anyone with a legitimate interest in the ward’s welfare can file a complaint. That includes:

  • Adult children
  • Siblings
  • Other relatives
  • Caregivers
  • Attorneys
  • Interested parties identified by the court

These individuals can petition the guardianship court under Fla. Stat. § 744.474 to request that the guardian be investigated, sanctioned, or even removed.

As an Orlando Guardianship Attorney, I work on both sides of these matters. Sometimes I represent concerned family members who are worried about financial abuse. Other times, I represent guardians—often devoted adult children—who are facing harsh accusations after years of care.

The Investigation Process

Once a formal complaint is filed with the court, the judge will often order a hearing. Depending on the seriousness of the claim, the court may also:

  • Appoint a court monitor to investigate the guardian’s actions
  • Demand an immediate accounting of all funds
  • Freeze certain accounts or restrict the guardian’s financial authority
  • Issue temporary orders to protect the ward’s assets

The court will weigh the evidence—bank records, receipts, caregiver reports, medical bills, and testimony. The guardian has the right to defend themselves, provide context, and offer proof that their actions were appropriate.

Under Fla. Stat. § 744.367, the guardian is required to submit detailed annual reports. Failure to do so can raise red flags and fuel suspicion. If the court finds that the guardian has not acted in the best interest of the ward, consequences can range from mandatory supervision to complete removal.

Consequences of a Mismanagement Finding

If the court determines that the guardian has mismanaged the ward’s estate or neglected their duties, the possible outcomes include:

  • Removal as guardian
    Under Fla. Stat. § 744.474, the court may remove the guardian and appoint a successor.
  • Court-ordered repayment of funds
    The guardian may be personally liable for reimbursing the estate for misused funds.
  • Loss of bond or other financial penalties
    In cases where the guardian is bonded, the surety may be held liable.
  • Referral for criminal prosecution
    If the conduct involved fraud or theft, the matter can be referred to law enforcement or the state attorney’s office.
  • Civil lawsuits
    Family members may also bring separate civil claims for breach of fiduciary duty or conversion of assets.

It’s important to understand that even well-meaning guardians can face these outcomes if they do not keep excellent records, seek court approval when required, or misunderstand their responsibilities.

Defending Against Allegations of Mismanagement

If you’re a guardian who has been accused of wrongdoing, you deserve the chance to explain and defend your actions. Many cases are rooted in miscommunication, unclear court orders, or emotional conflict among family members.

Here’s how I help guardians protect themselves:

  • Review the petition and the specific allegations
  • Audit all financial records and annual accountings
  • Prepare a response with documentation and receipts
  • Present witness testimony or expert reports if needed
  • Propose alternatives short of removal, such as limited oversight or additional reporting

In some cases, the solution is as simple as clarifying a misunderstanding. In others, we need to fight to preserve your role and reputation.

Representing Concerned Family Members

On the other side of the courtroom, I also represent adult children, siblings, and other interested parties who have legitimate concerns about how a loved one’s affairs are being managed. If you’re concerned that a guardian is misusing funds or neglecting the ward’s needs, I can help you:

  • File a petition to investigate the guardian’s conduct
  • Request appointment of a court monitor
  • Demand financial disclosure and accounting
  • Ask the court to freeze assets or require bond
  • Pursue removal and replacement of the guardian

Many clients who contact me are unsure whether what they’re seeing amounts to legal misconduct. That’s where experienced legal counsel matters. I’ll help you evaluate the facts and build a petition if it’s warranted—or tell you frankly if the issue might not justify legal action.

Preventing Mismanagement from the Start

Whether you’re a family member trying to ensure your loved one is protected or a guardian managing complex financial duties, the best defense is prevention.

Here are some steps that reduce the risk of mismanagement:

  • Keep meticulous records of every transaction
  • Use separate accounts specifically titled in the name of the guardianship
  • Seek court approval for any major purchases or sales
  • Avoid giving gifts or making loans from the ward’s funds
  • File annual reports on time and in full detail
  • Consult an attorney before taking financial actions you’re unsure about

If you’re a guardian, I’ll help you stay in compliance. If you’re concerned about a guardian’s actions, I’ll help you bring it to the court’s attention—strategically and legally.

Why Choose Beryl Thompson-McClary for Guardianship Mismanagement Cases?

I’ve handled guardianship disputes throughout Orlando and across Orange County. I understand that these cases are not just legal—they’re personal. Families are often hurt, divided, and unsure where to turn. My role is to bring clarity to the situation and advocate for the vulnerable person at the center of it all.

Whether you’re pursuing action or defending your role, I’ll give you a clear, informed assessment of your position and what steps we need to take. Call 1-888-640-2999 to schedule a consultation.

Florida Guardianship Frequently Asked Questions

What are the signs of guardianship mismanagement?
Common signs include missing financial records, unpaid bills, sudden transfers of property, and unexplained expenses. A guardian who avoids questions, fails to file court reports, or keeps family members in the dark may raise serious concerns. If you’re noticing these patterns, you should speak with a guardianship attorney in Orlando.

Can a guardian be removed for making honest mistakes?
Yes, though context matters. If the guardian has made a good-faith error and corrects it, the court may allow them to continue under supervision. But repeated or severe mistakes—even if not intentional—can still lead to removal if they harm the ward’s welfare or financial interests.

What if the guardian refuses to provide financial information?
The court can compel the guardian to produce full financial records. If they refuse, the court may issue sanctions, appoint a court monitor, or remove the guardian entirely. You can file a petition under Fla. Stat. § 744.474 to enforce transparency.

Is a guardian personally liable for misused funds?
Yes. If a guardian uses a ward’s assets improperly, they can be ordered to repay the money out of their own funds. This includes unauthorized purchases, poor investments, or self-serving transactions. In some cases, the guardian may face criminal charges as well.

What’s the difference between poor judgment and legal misconduct?
Florida guardianship law focuses on the guardian’s intent, the harm done to the ward, and whether the guardian acted in compliance with court orders. Poor judgment may not always rise to legal misconduct, but repeated errors or neglect often do. Each case must be reviewed in context.

Can I be present at a hearing if I filed a complaint against the guardian?
Yes. As an interested party, you have the right to attend hearings, submit evidence, and testify if appropriate. A guardianship attorney in Orlando can help you file the necessary petitions and present your case to the court professionally and effectively.

Can the ward speak for themselves in a mismanagement case?
Yes, if the ward retains some rights or the court finds them capable of expressing their wishes. Florida law encourages the participation of the ward whenever possible, particularly in cases involving changes to their care or finances.

How long does it take to remove a guardian for mismanagement?
The timeline depends on the court’s calendar, the complexity of the case, and whether emergency relief is needed. In urgent cases, temporary orders can be issued quickly. Otherwise, the process may take weeks or months as evidence is gathered and hearings are held.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.

If you or your loved one is involved in a guardianship case involving allegations of mismanagement, get legal advice immediately. These cases require careful planning and an understanding of Florida’s guardianship statutes. Whether you’re seeking to remove a guardian or defend against accusations, I can help.

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When Multiple Family Members Want to Be Guardians: Resolving Conflicts

When Multiple Family Members Want to Be Guardians and how to Resolve Conflicts

How Florida Law Handles Family Disputes Over Guardianship and What You Can Do to Protect Your Loved One

Families in Orlando often come together during times of need, especially when an aging parent or an adult child with special needs requires protection. But what happens when family members disagree about who should serve as guardian? When more than one person wants to take on the responsibility, or when relatives dispute who is best suited, these conflicts can quickly turn emotional and complicated.

As an Orlando Guardianship Attorney, I’ve seen how difficult these situations can be. I’m Beryl Thompson-McClary, and I represent clients on both sides of guardianship disputes throughout Orange County, Florida. Whether you’re seeking guardianship for a loved one or you’re concerned about who might be appointed, I can help you understand your rights, Florida law, and what the court considers when making its decision. To schedule a consultation, call my office at 1-888-640-2999.

Let’s look at what Florida law says, how these matters are resolved, and what you need to know if you’re involved in a guardianship conflict.

What Happens When More Than One Family Member Petitions for Guardianship?

Florida law provides a legal process for appointing a guardian when someone—called the ward—is found to be legally incapacitated. This process is governed by Chapter 744 of the Florida Statutes. If multiple family members come forward to serve as guardian, the court must weigh the qualifications and intentions of each person, always prioritizing what is in the best interests of the ward.

It’s not unusual for siblings to disagree about who should manage a parent’s health care, finances, or living situation. These disputes can lead to court hearings, formal objections, and even accusations of mismanagement or unfitness. The court does not automatically favor any particular family member, regardless of birth order, financial status, or proximity.

Florida Statutes and Legal Considerations

Under Fla. Stat. § 744.312, the court considers a number of factors when more than one person seeks to be appointed guardian. These include:

  • The person’s relationship to the ward
  • The person’s ability to manage financial and personal affairs
  • Any history of abuse, neglect, or exploitation
  • Criminal background and financial responsibility
  • Whether the person is a Florida resident
  • The expressed wishes of the ward, if they are able to communicate

The judge has discretion to choose the guardian or co-guardians based on these considerations. If no family member is deemed appropriate, the court may appoint a professional guardian.

As your Guardianship Attorney in Orlando, I help present your qualifications clearly and persuasively. Whether you’re seeking to be appointed or opposing another person’s petition, we will prepare the evidence, testimony, and legal arguments that put your position in the strongest light.

When Guardianship Becomes Contested

Contested guardianship cases often begin when more than one person files a petition under Fla. Stat. § 744.334. The court must then schedule hearings to consider each petitioner’s qualifications, and it may also appoint an examining committee or guardian ad litem to investigate.

Common situations that lead to contested proceedings include:

  • Two or more siblings each want to serve as sole guardian
  • One family member believes another is unfit or has ulterior motives
  • The ward expresses a preference that conflicts with a family member’s petition
  • Allegations of prior financial abuse, fraud, or neglect

In these cases, I work closely with clients to present medical evidence, family history, and witness testimony. It’s critical to show the court not only that you care—but that you are capable, trustworthy, and willing to comply with all legal duties.

Representing Both Sides of the Issue

Sometimes, I represent a family member seeking to be appointed guardian. Other times, I represent a family member trying to prevent someone else from taking control. My role is to advocate for your position and for the ward’s safety and dignity.

If you’re concerned that another person is trying to gain control for financial reasons—or if you’ve been wrongly accused of being unfit—we’ll work together to present a compelling case. The judge’s decision will affect every aspect of the ward’s life, so it’s not a time to go unprepared or without legal support.

What If the Ward Expresses a Preference?

Florida law gives weight to the ward’s preferences if they are able to communicate. Under Fla. Stat. § 744.312(4), the court must consider whether the person in need of a guardian has nominated someone—either in writing or verbally. This often happens in an advance directive, pre-need guardian designation, or living will.

Even if the ward is partially incapacitated, the court may still consider their wishes. I’ve seen cases where an aging parent favored one child over another, and the court upheld that preference. In other cases, I’ve helped family members challenge that nomination if the ward was coerced, misled, or mentally impaired at the time.

Co-Guardianship as a Resolution Option

Sometimes, when both family members are suitable, the court may appoint co-guardians under Fla. Stat. § 744.312(3). This solution can allow siblings or relatives to share responsibility for managing the ward’s medical care, housing, or finances.

While co-guardianship can reduce conflict, it also requires cooperation and joint decision-making. If the relationship is hostile or marked by prior legal disputes, I often advise against co-guardianship as it can lead to deadlock and further court intervention.

Mediation and Settlement Options

In some contested cases, mediation can be useful. The Florida Probate Rules encourage mediation to resolve guardianship disputes outside the courtroom. Mediation allows the parties to reach agreement on:

  • Who will serve as guardian
  • How responsibilities will be divided
  • What limitations or safeguards will be in place
  • How future disputes will be handled

As your Orlando Guardianship Attorney, I prepare clients for mediation by identifying areas of flexibility, building persuasive proposals, and ensuring that the ward’s well-being remains the central focus.

When the Court Appoints a Professional Guardian

If family conflict becomes so intense that no one can agree—or if no petitioner is suitable—the court may appoint a professional guardian from the state registry. This outcome is common when:

  • All family members have conflicts of interest
  • The ward’s condition requires complex care
  • There are allegations of misconduct
  • There’s no viable family support system

While professional guardians are neutral and trained, they may not have personal knowledge of the ward’s preferences, values, or family history. Many families come to me to avoid this result by proposing a qualified, caring relative who can fulfill the duties without court intervention.

How I Can Help as an Orlando Guardianship Attorney

My role is to support you throughout this process—whether you’re fighting to be appointed, opposing another petition, or trying to resolve internal family disagreements. Guardianship cases are about more than just legal documents. They involve real people, complicated emotions, and serious responsibilities.

I represent clients in contested and uncontested guardianship matters throughout Orange County, and I understand the Florida statutes and procedures that apply in every case. You deserve experienced legal support when your loved one’s care and finances are at stake.

To schedule a consultation, call my office at 1-888-640-2999.

Florida Guardianship Frequently Asked Questions

What does Florida law say when multiple people want to be guardian of the same person?
Florida Statute 744.312 gives the court discretion to evaluate each proposed guardian’s qualifications and choose the one that is in the best interest of the ward. The court may consider family relationship, financial ability, criminal background, and the ward’s wishes before making a decision.

Can siblings share guardianship in Florida?
Yes, the court may appoint co-guardians if both individuals are qualified and the arrangement is in the ward’s best interest. However, co-guardians must be able to work together, make joint decisions, and avoid causing delays in care or financial oversight. If there’s too much tension between the two, the court may choose just one or appoint a third party.

How do I contest a guardianship petition in Florida?
You must file a formal objection with the probate court where the guardianship case was initiated. Your objection should be supported by facts, evidence, or testimony showing why the other person is not suitable or how you are better positioned to act in the ward’s best interest. Having legal representation during this process is critical.

What happens if the person needing guardianship has already designated someone?
If the ward named a pre-need guardian in writing, the court will consider that preference. However, if evidence shows that the person is no longer suitable—or that the ward was not competent when making the designation—the court can override the preference and appoint someone else.

Can a family member be disqualified from serving as guardian?
Yes. Florida courts may disqualify someone who has a felony conviction, a history of abuse or neglect, financial mismanagement, or a conflict of interest with the ward. The court will also disqualify anyone with serious health issues or other impairments that prevent them from fulfilling the duties of a guardian.

What happens when the court cannot decide between family members?
If family conflict becomes an obstacle to effective guardianship, the court may appoint a professional guardian. These are neutral individuals or agencies registered with the Statewide Public Guardianship Office. While they are trained and monitored, they often lack the personal connection that a family member might bring.

How long does a contested guardianship case take to resolve?
Contested cases can take several months, depending on the court’s schedule, the complexity of the disagreement, and whether additional investigation or expert testimony is required. During this time, the court may appoint an emergency temporary guardian to protect the ward’s immediate needs.

Can a family guardianship agreement be made outside of court?
Yes, families can enter into informal agreements or mediated settlements that outline who should serve as guardian. However, these agreements must still be presented to the court and approved as part of the legal guardianship proceeding.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.

If you are involved in a guardianship dispute—or expect one to develop—you need legal guidance that protects both your rights and the well-being of your loved one. These matters are too important to leave to chance.

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How to Challenge a Guardianship Petition in Florida

How to Challenge a Guardianship Petition in Florida

Protecting the Rights of Your Loved One in Contested Guardianship Cases

When guardianship proceedings are filed in Orlando, emotions often run high—and so do legal stakes. Whether you’re concerned that a petition for guardianship is unjustified or you believe someone has filed for guardianship with the wrong intentions, knowing how to properly challenge a guardianship petition is critical.

I’m Beryl Thompson-McClary, a Guardianship Attorney in Orlando, Florida. I represent clients throughout Orange County on both sides of guardianship disputes. Whether you’re trying to stop a petition that could take away a loved one’s independence, or you’re defending a guardianship you believe is necessary, I’m here to guide you through the process.

You can schedule a consultation with my office by calling 1-888-640-2999. I do not offer free consultations, but I offer strategic, straightforward legal advice based on decades of experience. Let’s take a closer look at how to challenge a guardianship petition under Florida law—and what you need to know to protect your rights and your loved one’s future.

What Is a Guardianship Petition in Florida?

Under Florida law, a guardianship petition is a formal request filed in court asking a judge to declare an adult (or minor) legally incapacitated and to appoint someone to make personal, medical, or financial decisions for them. The process is governed by Florida Statutes Chapter 744, which covers guardianship law from start to finish.

The petitioner—the person filing for guardianship—must demonstrate that the proposed ward lacks the capacity to manage some or all aspects of their life. This is done through a separate petition to determine incapacity, followed by a hearing and the potential appointment of a guardian.

But not every guardianship petition is valid. In some cases, petitions are filed prematurely, without medical support, or with improper motives—such as control over finances, isolation of the ward, or family conflict.

Who Can Challenge a Guardianship Petition?

Under Fla. Stat. § 744.331(6), any “interested person” has the legal right to challenge a petition for guardianship. An interested person could be:

  • A close family member (adult child, sibling, spouse)
  • A trusted friend or caregiver
  • A financial advisor, trustee, or power of attorney holder
  • The person who is the subject of the guardianship proceeding

I work with individuals who are challenging guardianship petitions because they believe the proposed guardian is not suitable, or because the ward still has the capacity to make their own decisions. I also represent proposed guardians whose efforts are being unfairly contested.

Grounds to Challenge a Guardianship Petition

To challenge a guardianship petition, we must present valid legal grounds. Common reasons include:

  • The person is not incapacitated
    Under Fla. Stat. § 744.102(12), incapacity means the inability to manage at least some property or meet essential health and safety requirements. If the proposed ward can still manage these decisions with or without support, they may not meet the legal threshold for guardianship.
  • Less restrictive alternatives exist
    Florida law requires courts to consider whether there are less restrictive alternatives than guardianship—such as power of attorney, advance directives, trusts, or supported decision-making. If these tools are in place and functioning, a court may deny the petition.
  • The petitioner is unfit or has a conflict of interest
    Sometimes the person filing for guardianship has questionable motives—such as gaining access to the ward’s assets. Other times they lack the knowledge or stability to act in the ward’s best interest.
  • Procedural defects in the petition or medical examination
    A guardianship case must include evaluations by a panel of medical professionals. If these reports are incomplete or improperly conducted, the petition can be challenged on procedural grounds.

The Legal Process of Challenging a Guardianship Petition

Challenging a guardianship petition requires timely and strategic action. Here’s how it typically unfolds:

  1. Notice and Filing
    You’ll receive notice that a petition has been filed. You must then respond with an objection or counter-petition, often supported by documentation and legal argument.
  2. Filing a Written Objection
    Under Fla. Stat. § 744.331(5), you have the right to file written objections to the petition or the findings of incapacity. These must be filed before the court rules on the case.
  3. Medical Examination and Reports
    The court will appoint an examining committee. If you disagree with the results, you can request an independent evaluation or question the committee’s findings at the hearing.
  4. Court Hearing
    At the incapacity hearing, the court will hear evidence from both sides. This is your opportunity to argue that guardianship is not necessary or that a different guardian should be appointed.
  5. Appeal or Reconsideration
    If the court grants the petition despite your objection, you may be able to appeal the decision or file a petition for reconsideration, especially if new evidence becomes available.

As your Orlando Guardianship Attorney, I will ensure that every procedural step is taken and that the judge hears your side of the case clearly and persuasively.

Challenging the Appointment of a Specific Guardian

Even if guardianship is appropriate, you may object to the person being appointed. Florida law allows any interested party to petition the court to reconsider the proposed guardian’s qualifications under Fla. Stat. § 744.312.

Factors the court may consider include:

  • The proposed guardian’s history with the ward
  • Criminal or financial misconduct
  • Potential for undue influence
  • Availability of alternative candidates

I’ve represented clients who sought to replace an unfit guardian with a trusted family member, and I’ve defended proposed guardians against false claims of misconduct.

What If the Ward Wants to Object?

The person at the center of a guardianship proceeding—the alleged incapacitated person—has full legal rights to object. They may hire an attorney, present evidence, cross-examine witnesses, and propose less restrictive alternatives. I’ve helped many individuals assert their right to autonomy and avoid unnecessary guardianship by demonstrating retained capacity or presenting estate planning documents already in place.

Consequences of a Contested Guardianship

Guardianship challenges can become emotionally charged. The consequences of the court’s ruling are serious:

  • If the petition is dismissed, the person retains full legal rights.
  • If the court grants limited guardianship, some rights are removed but others remain.
  • If plenary guardianship is granted, the person may lose all legal capacity.

For this reason, I always encourage clients to prepare thoroughly, understand the law, and act quickly. These are sensitive cases, and they must be handled with precision and care.

Call My Office for Strategic Legal Guidance

Whether you’re fighting for a loved one’s independence or defending your right to serve as guardian, the law is complex—but you don’t have to face it alone. I represent clients across Orange County in guardianship objections, disputes, and removal actions.

If you’re dealing with a contested guardianship case in Florida, I invite you to schedule a consultation by calling 1-888-640-2999.

Guardianships in Florida Frequently Asked Questions

How long do I have to challenge a guardianship petition in Florida?
You typically must act quickly. Once you receive notice of the guardianship proceedings, you can file a written objection before the incapacity hearing takes place. Failing to respond could mean losing the right to contest the petition or appointment.

Does the person alleged to be incapacitated have a right to fight the petition?
Yes. The alleged incapacitated person has the right to attend the hearing, hire an attorney, and object to the petition. They can also propose less restrictive alternatives and request a re-evaluation. Florida law ensures these rights are protected throughout the process.

Can I challenge only part of the guardianship petition?
Yes. You may object to the appointment of a particular guardian without objecting to the need for guardianship itself. Alternatively, you can challenge only the extent of rights to be removed—such as financial control, but not medical decisions.

What happens if multiple people want to be guardian?
The court will evaluate all proposed guardians based on their relationship to the ward, financial responsibility, background, and ability to serve. Sometimes a neutral third party is appointed if family members are in conflict.

Can someone be removed as guardian after the appointment?
Yes. If a guardian mismanages funds, neglects the ward, or violates court orders, an interested party can petition the court for removal under Fla. Stat. § 744.474. The court will hold a hearing to evaluate whether removal is warranted.

What is the difference between limited and plenary guardianship?
Limited guardianship removes only specific rights from the ward, allowing them to retain independence in other areas. Plenary guardianship removes all delegable rights and gives the guardian full legal control. Courts must opt for the least restrictive option available.

Can I present medical evidence to support my objection?
Yes. Independent medical evaluations, letters from physicians, and psychological assessments can all support your challenge. These are especially important when contesting claims of incapacity or proposing alternative measures.

What if the proposed guardian has a criminal history?
The court considers the background of all proposed guardians. A criminal record, financial problems, or prior misconduct could disqualify someone from serving, especially if it poses a risk to the ward’s well-being or estate.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.

If you’re facing a contested guardianship petition in Orlando, or if you need to challenge the appointment of a guardian for your loved one, I’m here to help you assert your rights and protect your family.

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When a Guardian Needs Court Approval for Financial Decisions

When a Guardian Needs Court Approval for Financial Decisions

Understanding the Legal Limits of Guardian Authority and When Judicial Permission Is Required

Orlando is home to families of all shapes, sizes, and financial backgrounds—and with our aging population and growing number of adults with disabilities, guardianship matters are becoming more common across Orange County. As a Guardianship Attorney in Orlando, I often meet with people who are either petitioning to become a guardian or trying to ensure a loved one is protected from financial harm. A recurring question is whether a guardian can make financial decisions without going back to court.

If you’re a guardian managing someone else’s money, or you’re worried about how a guardian is using funds on behalf of your family member, understanding the limits of authority is vital. Under Florida law, guardians are not free to handle all financial decisions unilaterally. Many actions require prior court approval—and failure to seek that approval can result in serious legal consequences.

I’m Beryl Thompson-McClary, and I’ve represented both sides of Florida guardianship disputes. I know how complicated these issues can become, especially when significant financial assets are involved. If you’re facing a guardianship question involving court approval for money decisions, I invite you to schedule a consultation by calling my office at 1-888-640-2999. I handle cases throughout Orange County, and I take the time to walk my clients through every step of this process.

Let’s talk about what the law says—and how I can help protect your rights and your family.

Guardianship and the Need for Court Oversight in Florida

In Florida, guardianship is regulated by Chapter 744 of the Florida Statutes. Guardianship can be limited to a person’s health and personal needs, or it can extend to their finances. When a guardian is granted control over a ward’s assets, they become a guardian of the property or a plenary guardian if they are responsible for both financial and personal decisions.

Under Fla. Stat. § 744.441, a guardian cannot make certain financial decisions on behalf of a ward without first seeking and receiving court approval. These restrictions are not optional. The court retains authority over the ward’s estate and expects guardians to obtain permission before engaging in specific transactions. This oversight is meant to protect the ward from exploitation, mismanagement, and loss of assets.

Common Financial Decisions That Require Court Approval

As a guardian, you’re expected to maintain the ward’s financial well-being—but there are clear boundaries. Some of the most common financial activities that require prior court approval include:

  • Selling or mortgaging real estate owned by the ward
  • Making gifts from the ward’s assets, even to family members
  • Settling claims or lawsuits involving the ward’s property
  • Borrowing money or lending the ward’s funds to others
  • Executing estate planning documents such as trusts or wills
  • Making charitable donations
  • Investing in non-bank approved financial instruments
  • Running or managing a business owned by the ward

Every one of these actions—no matter how well-intentioned—requires a written petition to the probate court and a judge’s approval.

What the Statute Actually Says

Let’s look at the key legal authority. Fla. Stat. § 744.441 sets forth a list of “special powers” a guardian may exercise—but only if the court grants permission. These include:

“The guardian of the property may, with prior court approval:
(1) Take possession of the ward’s real and personal property…
(2) Perform, compromise, or settle any contracts…
(12) Make any appropriate gifts…”

Each section of this statute outlines a specific category of financial activity that is subject to oversight. Florida law draws a clear distinction between routine, day-to-day financial decisions and extraordinary transactions that could significantly impact the ward’s estate.

Why the Court Requires Approval

Florida’s guardianship system exists to protect vulnerable individuals. The law presumes that a person who has been declared incapacitated may not fully understand or manage their finances, which means a trusted person is appointed to act in their best interest.

But guardianship is not meant to transfer complete and unchecked power. Court supervision ensures accountability and transparency. It prevents misuse and gives family members a legal pathway to challenge questionable decisions.

When a guardian takes financial actions without court approval, they risk being removed from their position, having to repay money, or even facing criminal charges if fraud or self-dealing is suspected.

Representing Guardians and Concerned Family Members

I work with people on both sides of these cases. Sometimes I represent guardians—people who are trying to do the right thing, but need help understanding their obligations. Other times I represent family members who are concerned that money is being misused or that court procedures are being ignored.

If you’re a guardian and unsure whether your planned financial actions require court approval, don’t guess. Let me help you petition the court properly and keep your guardianship in good standing.

If you’re a family member worried about what a guardian is doing with someone else’s money, Florida law gives you the right to object. You can file a petition under Fla. Stat. § 744.474 to ask the court to review the guardian’s conduct, require an accounting, or remove them if needed.

What Happens If a Guardian Fails to Seek Court Approval?

When a guardian moves forward with a financial transaction that required approval but failed to obtain it, the consequences can be severe. The court may:

  • Order the guardian to reverse the transaction (if possible)
  • Require full reimbursement to the ward’s estate
  • Remove the guardian and appoint a successor
  • Refer the matter to law enforcement if criminal conduct is suspected

As an Orlando Guardianship Attorney, I’ve helped guardians correct past mistakes and avoid more serious repercussions. But it’s always easier to do things correctly the first time—with the right legal guidance.

Court Hearings and Petitions: What to Expect

When court approval is needed, a formal petition must be filed. This document needs to explain:

  • What you’re seeking approval for
  • Why the action is in the ward’s best interest
  • Any supporting documentation (such as appraisals or financial reports)
  • Whether other interested parties object or consent

Once filed, the court will set a hearing, review the evidence, and decide whether to approve or deny the request. In high-value cases or those involving property disputes, other family members may appear to contest the action.

My job is to make sure that your request is thoroughly prepared and legally sound—and that your position is protected at every stage of the process.

Get Answers Before Taking Financial Action

Whether you’re a guardian trying to fulfill your duties or a concerned party trying to ensure a ward is being protected, you need to understand Florida’s court approval requirements. Mistakes can cost not only time and money—but someone’s trust and future.

Call me at 1-888-640-2999 to schedule a consultation and talk about your situation. I serve clients throughout Orange County and can guide you through what’s required and how to move forward legally.

Florida Guardianship Frequently Asked Questions

Can a guardian pay household bills without court approval?
Yes. Routine, day-to-day expenses such as mortgage payments, utilities, groceries, and medical care usually do not require special court approval, as long as they are reasonable and consistent with the ward’s best interest. These must still be documented and included in the guardian’s annual accounting.

Does a guardian need permission to sell a car owned by the ward?
Yes. Selling or disposing of personal property, including vehicles, requires court approval under Florida law. The guardian will need to file a petition explaining the purpose of the sale and how it will benefit the ward.

Can a guardian make gifts or donations from the ward’s funds?
No, not without court approval. Even small gifts or charitable donations require permission under Fla. Stat. § 744.441. The court must determine that the gift is appropriate, consistent with the ward’s past practices, and will not jeopardize the ward’s financial security.

What happens if a guardian invests the ward’s money in a high-risk asset without court approval?
This is a serious violation. Investments must be prudent and typically restricted to court-approved financial institutions or accounts. High-risk investments without court oversight could lead to guardian removal, repayment requirements, or more serious legal consequences.

Does every financial transaction need a separate petition?
Not necessarily. Some transactions can be grouped together in a single petition. For example, a guardian may seek permission to sell multiple assets as part of a long-term care plan. However, the court must approve each type of action specifically, even if part of a larger strategy.

What if the ward disagrees with the guardian’s proposed financial action?
Even if a person is under guardianship, they may still retain certain rights. The court may appoint an attorney for the ward and allow them to express objections. The judge will weigh the ward’s wishes alongside medical evidence and fiduciary responsibilities before making a ruling.

Can a family member block a guardian’s financial decision?
Yes, if the action requires court approval, any “interested person” may file a written objection or appear at the hearing to contest the decision. The court will hear both sides and decide whether the guardian’s action is in the ward’s best interest.

How can I find out if a guardian has court approval for a financial decision?
You can review the public court record or request copies of filings through the probate court. Guardians are also required to file annual reports that include financial summaries, and interested persons may request access to those reports.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Whether you’re a guardian unsure about your financial authority or a loved one seeking answers about how a ward’s money is being managed, it’s important to get clear, accurate legal guidance. Florida law requires court involvement for a wide range of financial decisions—and failing to follow those requirements can lead to serious consequences.

Let’s make sure your rights—and your loved one’s future—are fully protected.

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How to Establish a Limited Financial Guardianship in Florida

How to Establish a Limited Financial Guardianship in Florida

A Step-by-Step Legal Guide to Protecting Financial Interests Without Full Guardianship Control

Orlando is known for more than its theme parks and sunshine—it’s also home to families who face some of the most personal and legally complex decisions when it comes to caring for loved ones who can no longer manage their own finances. As an Orlando Guardianship Attorney, I’ve spent years helping people on both sides of Florida guardianship cases—whether you’re seeking to protect a vulnerable adult from financial harm or you’re defending a family member’s autonomy.

One of the most misunderstood legal tools in Florida is the limited financial guardianship. Many people assume that a guardianship must give the guardian full control over every aspect of the ward’s life. That’s not always true. Florida law recognizes that some people may need help with managing money—but not with personal decisions, healthcare, or where they live. That’s where limited financial guardianship comes in.

I handle these types of cases throughout Orange County and know the stress that comes with trying to make the right decision for a loved one’s future. If you’re considering this step, I encourage you to schedule a consultation by calling my office at 1-888-640-2999. I’ll walk you through what the law allows, what the court requires, and how to protect everyone involved.

Let me break down what limited financial guardianship means under Florida law—and how to pursue or contest it depending on your role in the process.

What Is a Limited Financial Guardianship Under Florida Law?

A limited guardianship is a legal arrangement where the court gives the guardian authority to handle specific tasks or areas of decision-making, rather than full control over the ward’s life. This legal option is codified under Florida Statutes § 744.331 and § 744.344, which focus on tailoring guardianship orders to preserve as much of the individual’s autonomy as possible.

In the case of a limited financial guardianship, the court appoints someone to manage the ward’s financial matters—such as paying bills, handling income, or protecting assets—without giving the guardian any authority over the ward’s personal life, medical decisions, or living arrangements.

This structure is ideal in situations where a person is partially incapacitated or has difficulty with finances but can still live independently or make other personal choices.

When Is a Limited Financial Guardianship Appropriate?

I’ve helped families on both sides of this issue—those who are trying to step in to protect someone they love, and those who are resisting full guardianship because they believe they still have capacity. A limited guardianship is appropriate in situations like:

  • An aging parent who is mentally sharp but struggles to manage their banking and bills.
  • An adult child with developmental disabilities who can make personal decisions but can’t manage a checking account or investment portfolio.
  • A person recovering from a stroke or brain injury who temporarily needs help handling money.

The court looks at each case individually. Florida law requires a formal incapacity hearing, which includes a medical examination and a professional panel that evaluates whether the person lacks capacity to handle finances and whether other alternatives (like a power of attorney or trust) would be sufficient.

The Legal Process for Establishing a Limited Financial Guardianship

Establishing any guardianship in Florida involves multiple steps, and it’s even more detailed when you’re asking the court to limit the scope of authority.

Here’s a general outline of the process under Fla. Stat. §§ 744.331 – 744.344:

  1. File a Petition to Determine Incapacity: This petition asks the court to appoint an examining committee to assess the person’s ability to manage their affairs.
  2. File a Petition for Appointment of Guardian: This is filed separately and can be done at the same time. It outlines who is seeking to be appointed as guardian and why.
  3. Examination and Report: A three-member panel of qualified professionals (typically a physician, a psychologist, and a layperson) will examine the alleged incapacitated person (AIP) and submit their findings to the court.
  4. Court Hearing on Incapacity: The judge considers the reports and decides whether the person is fully incapacitated, partially incapacitated, or retains full legal capacity.
  5. Appointment of Guardian: If the court finds partial incapacity related to finances only, it can appoint a limited guardian of the property, issuing Letters of Guardianship that outline the specific financial powers granted.
  6. Inventory and Reporting: The guardian must file an initial inventory of assets and annual accounting reports, per Fla. Stat. § 744.365 and § 744.367.

The goal is to provide help where it’s needed—without taking away more rights than necessary.

What Are the Limits of a Limited Financial Guardian’s Power?

This is where many clients get confused. The authority of a limited financial guardian is not all-encompassing. The court specifically lists what financial actions are permitted in the guardianship order. These may include:

  • Managing checking and savings accounts
  • Paying rent, mortgage, and utilities
  • Overseeing investments
  • Filing tax returns
  • Paying for necessary medical care or insurance
  • Managing public benefits like Social Security or SSI

But the guardian may not:

  • Decide where the ward lives
  • Consent to medical treatment
  • Vote or marry on the ward’s behalf
  • Sell or encumber real property without court approval

If you’re considering petitioning for this role, it’s essential to understand these boundaries. And if you’re the person at the center of the case, you deserve to know exactly what rights you’ll retain.

Contesting or Modifying a Limited Financial Guardianship

I also represent individuals who want to contest a proposed guardianship—or those who want to modify an existing one.

Florida law allows for:

  • Objections at the incapacity hearing
  • Requests to limit the guardian’s powers
  • Petitions to restore rights under Fla. Stat. § 744.464

If you’ve been placed under a limited financial guardianship and you believe you’ve regained capacity—or never should have lost it in the first place—I can help you present medical evidence and file the necessary motions to restore your legal rights.

Why These Cases Require an Experienced Attorney

A guardianship case is a court proceeding, and Florida courts take them seriously. Whether you’re seeking to protect someone’s financial well-being or fighting to keep your independence, these cases involve:

  • Medical records
  • Expert reports
  • Contested hearings
  • Statutory compliance
  • Ongoing court oversight

I serve clients across Orlando and Orange County with deep experience in both initiating and defending against limited guardianships. These cases are not just about money. They’re about dignity, safety, and independence.

If you are considering petitioning for a limited financial guardianship, or you are concerned about being placed under one, call my office at 1-888-640-2999 to schedule a consultation.

Florida Limited Financial Guardianship Frequently Asked Questions

What’s the difference between a limited guardian and a plenary guardian?
A limited guardian is given specific, court-approved powers—often financial only—while a plenary guardian has full legal authority over all aspects of the ward’s life. Florida law prefers limited guardianship when appropriate to preserve the person’s independence.

Can a guardian manage a ward’s business or rental properties?
Possibly, but only if the court grants specific authority to do so. Guardians must request approval from the court to operate or dispose of business interests or real estate under Fla. Stat. § 744.441.

Is it better to use a power of attorney instead of guardianship?
If the person still has capacity, a power of attorney can often avoid the need for guardianship. But once capacity is legally lost, only a court-appointed guardian can manage finances. Guardianship is a last resort when no valid legal alternatives exist.

Who monitors the guardian’s actions in a limited financial guardianship?
Florida courts require guardians to file annual accountings, and the clerk of court reviews those reports. If there’s a concern about misuse or mismanagement, an interested party can file a petition for review under Fla. Stat. § 744.474.

How long does a limited financial guardianship last?
It lasts until the court terminates it. If the ward regains capacity or no longer needs help with finances, they can petition the court for restoration of rights. The guardian can also request termination if they believe their role is no longer needed.

Can multiple people serve as limited guardians of the property?
Yes, but it’s uncommon unless there’s a clear benefit. Co-guardians must act jointly and file shared reports. The court may allow it if both parties agree and can demonstrate they will work in the ward’s best interest.

Can a limited guardian invest the ward’s money?
Only if the court allows it. Investment of a ward’s funds—especially in anything other than government-insured accounts—often requires court permission to avoid undue risk.

Is a limited guardianship public record in Florida?
Yes. Guardianship proceedings are public unless the court seals certain documents. This includes inventories, court orders, and hearing transcripts. Privacy concerns should be addressed with the attorney early in the process.

Call Beryl Thompson-McClary For Exceptional Legal Help
If you need help establishing, contesting, or understanding a limited financial guardianship in Florida, I’m here to help. Whether you’re trying to protect someone vulnerable or defend your legal independence, the law provides tools—but only if they’re used correctly.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation. Let’s talk about the right next step for you or your family.

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Guardianship and Estate Planning: What You Should Consider

Why Proper Planning Can Protect Both Loved Ones and Your Legacy in Florida

Orlando families are made up of people from every walk of life—business owners, retirees, parents of children with special needs, and adults caring for aging parents. One question that consistently comes up in my law practice is this: how does guardianship fit into estate planning, and when should you consider both?

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney serving clients throughout Orange County. Whether you’re looking to create a plan that avoids court intervention or you’re seeking legal authority to care for someone who can no longer manage their own affairs, guardianship and estate planning often go hand in hand. I handle these matters from both sides—helping petitioners secure guardianship when necessary and helping families avoid it when planning is done the right way.

If you’re facing these issues or thinking about how to plan for them, I invite you to schedule a consultation by calling 1-888-640-2999. This is an area of law that deserves careful attention, and I’m here to guide you through it.

Why Guardianship Matters in the Context of Estate Planning

At the heart of every estate plan is a goal: protect the people and assets you care about. That includes planning for disability, incapacity, and the possibility that someone may not be able to handle their own financial or medical decisions in the future.

When no planning is done—or when plans are incomplete—the courts in Florida may have no choice but to step in and appoint a guardian. That can lead to delays, expenses, and disputes among family members.

Under Florida Statutes Chapter 744, a court may appoint a guardian for a minor or for an adult who is found to be incapacitated. Once guardianship is in place, the individual (called the “ward”) loses the legal ability to make certain decisions, and the guardian takes on legal duties defined by the court.

If estate planning had been done ahead of time, many of these situations could be avoided entirely.

Legal Tools That Can Help You Avoid Guardianship

As an Orlando Guardianship Attorney, I spend a significant part of my practice helping families avoid guardianship by using the right legal tools in their estate plans. Some of the most effective include:

  • Durable Power of Attorney – This allows someone you trust to manage financial matters on your behalf. Under Fla. Stat. § 709.2101–.2402, a properly executed power of attorney can give your chosen agent broad authority and remain effective even if you become incapacitated.
  • Designation of Health Care Surrogate – This document gives someone legal authority to make medical decisions if you are unable to. This is governed under Fla. Stat. § 765.101–.205.
  • Living Will – A written directive that communicates your wishes regarding life-prolonging procedures. It’s one of the most important planning tools for avoiding court-ordered intervention during a medical crisis.
  • Revocable Living Trust – This document allows your assets to be managed privately, outside of court, and can designate someone to take over management if you become unable to serve as trustee. This is particularly useful in high-asset and business-owner estates.

When these documents are valid, up to date, and specific, they often eliminate the need for the court to appoint a guardian. But when they’re missing or incomplete, the family may be forced to initiate a guardianship proceeding.

When Guardianship Becomes Necessary Despite Planning

Even with the best planning, there are situations where guardianship is the right legal solution. A few examples:

  • A child with special needs reaches adulthood and lacks capacity to manage their own affairs.
  • A person suffers a stroke or traumatic brain injury and has no valid power of attorney.
  • An elderly parent is being exploited financially and needs court protection.
  • A power of attorney was revoked, misused, or executed under questionable circumstances.

When this happens, I work with families to prepare and file a Petition to Determine Incapacity under Fla. Stat. § 744.331. If the court finds the individual lacks capacity, I then assist with the Petition for Appointment of Guardian and make sure the proposed guardian is someone trusted, capable, and willing to serve.

In some cases, a limited guardianship may be appropriate—where the ward retains some rights and the guardian only has control over specific decisions. In other cases, a plenary guardianship is needed.

The Role of the Guardian and the Impact on the Estate

Once appointed, the guardian takes on a fiduciary duty. That means they must act solely in the best interest of the ward and manage finances carefully, with oversight from the court.

Under Fla. Stat. § 744.361, guardians are required to:

  • File an Initial Inventory of assets
  • File annual accountings
  • Seek court approval before making major financial decisions
  • Avoid self-dealing or conflicts of interest

This level of oversight can be helpful when abuse is suspected—but it also creates complexity for families who are simply trying to do what’s best.

That’s why estate planning is so important. It gives you control now so others don’t have to guess or fight later.

Guardianship Planning for Special Needs Adults

Parents of special needs children face a unique challenge: what happens when your child turns 18?

Under Florida law, once your child reaches adulthood, you can no longer make legal decisions for them—even if they are severely disabled. That’s where Guardian Advocacy comes in.

This is a simplified form of guardianship under Fla. Stat. § 393.12, designed for adults with developmental disabilities. It allows a parent or trusted adult to be appointed as guardian without the full incapacity determination process.

As an Orlando Guardianship Attorney, I help families secure this form of guardianship—and also incorporate long-term planning tools like special needs trusts into their estate plans. These trusts help preserve government benefits while still allowing you to provide support over your child’s lifetime.

Estate Planning for People Already Under Guardianship

If your loved one is already under guardianship, it’s not too late to protect their interests. I often help guardians:

  • Update beneficiary designations on allowable accounts
  • Petition the court to create or modify trusts for the ward
  • Address tax or Medicaid planning needs
  • Seek court approval for gifts, transfers, or estate adjustments

Under Fla. Stat. § 744.441, guardians can request court approval to engage in estate planning on behalf of the ward. That may include preparing a will, establishing a trust, or modifying existing documents to better reflect the ward’s best interests and family dynamics.

Common Misunderstandings

There are several assumptions I regularly have to correct in guardianship and estate planning cases:

  • My spouse will automatically be able to make all decisions if I’m incapacitated. This is false in Florida. Without a valid power of attorney or health care directive, even a spouse must petition the court for guardianship.
  • Guardianship means total loss of independence. Not necessarily. Florida allows for limited guardianships where the ward retains some legal rights.
  • Estate planning is only for the wealthy. Everyone can benefit from planning, even if your estate is modest. Planning saves your family time, stress, and money.
  • Once you get guardianship, you can do whatever you want. Guardians are accountable to the court and can face removal or legal consequences for misconduct.

Florida Estate Planning With Guardianship Frequently Asked Questions

Can estate planning completely prevent the need for guardianship?
In many cases, yes. If you have a durable power of attorney, designation of health care surrogate, and a properly funded revocable trust, your loved ones can often manage your affairs without court involvement. But if those documents are missing, outdated, or improperly executed, guardianship may still be necessary.

Can I name a guardian in my will for my minor children?
Yes. Florida law allows you to nominate a guardian for your children in your last will and testament. The court will give great weight to your choice, but retains final authority to determine if the person is fit to serve. It’s critical to name both a primary and alternate guardian in case your first choice is unavailable.

What’s the difference between a guardian of the person and a guardian of the property?
A guardian of the person is responsible for the ward’s physical and medical care, while a guardian of the property handles financial matters. In some cases, one individual serves both roles. In others, separate people are appointed to avoid conflicts of interest or because the roles require different skill sets.

Can I appoint someone now to serve as my future guardian if I become incapacitated?
Yes. You can name a pre-need guardian under Fla. Stat. § 744.3045, and the court will strongly consider your nomination. This is an excellent estate planning tool because it allows you to control who takes over in case of incapacity—and helps avoid family disputes later.

Is court approval always required before a guardian makes changes to the ward’s estate plan?
Yes. Even if a guardian believes estate planning changes are in the ward’s best interest, they must petition the court under Fla. Stat. § 744.441. The judge will review the request to ensure it complies with Florida law and reflects the ward’s known wishes, capacity, and financial needs.

What is the role of a trust in guardianship planning?
Trusts are powerful tools in both preventing and managing guardianship. A properly drafted revocable trust can avoid guardianship by appointing a successor trustee to manage assets if the grantor becomes incapacitated. Special needs trusts, on the other hand, allow guardians to preserve Medicaid or SSI benefits for disabled adults while providing supplemental support.

Can someone challenge a guardianship or try to terminate it later?
Yes. Under Fla. Stat. § 744.464, interested parties can petition the court to review, modify, or terminate a guardianship. If the ward regains capacity or there’s evidence that guardianship is no longer necessary, the court can restore rights or appoint a new guardian if the current one is not acting in the ward’s best interest.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.

If you’re concerned about your estate plan, caring for someone with special needs, or facing the possibility of guardianship in your family, take the next step toward clarity and protection.

Let’s make sure the people and property you care about are protected—on your terms.

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How to File an Annual Accounting Report as a Guardian in Florida

How to File an Annual Accounting Report as a Guardian in Florida.

Understanding the Court’s Financial Oversight Requirements and Your Obligations as a Guardian

In Orlando, guardianship cases often involve family members stepping up to care for a loved one who can no longer manage their personal or financial affairs. It’s a deeply personal process—but it’s also a legal one. Florida courts don’t just hand over control of someone’s assets without strict safeguards. One of the most important of these safeguards is the annual accounting requirement.

I’m Beryl Thompson-McClary, an experienced Orlando Guardianship Attorney. I represent both guardians who want to comply with the law and family members who have concerns about how a loved one’s assets are being handled. One of the most common questions I receive is about the annual accounting process—what’s required, how it works, and what happens if it’s done incorrectly or not at all.

If you’re involved in a guardianship case in Orange County or anywhere in Central Florida, I can help ensure your responsibilities are clear and your rights are protected. To schedule a consultation, call my office at 1-888-640-2999.

Let’s walk through what the law requires, and what you should expect whether you’re preparing the report or reviewing it as an interested party.

What Is an Annual Accounting and Why Is It Required in Florida?

Under Florida law, any guardian appointed over the property of a ward is legally obligated to file a detailed financial report with the court every year. This report—called the Annual Accounting—is governed by Florida Statutes § 744.367and enforced by the court with strict deadlines and content requirements.

The purpose of the annual accounting is to provide transparency. Whether the ward is a minor with assets, an adult with special needs, or a senior with diminished capacity, the court wants to see exactly how their money is being managed. The guardian must account for every deposit, expense, investment, and change in asset value during the reporting period.

As a Guardianship Attorney in Orlando, I represent both guardians seeking to file these reports correctly and family members who are concerned about how funds are being handled.

What Must Be Included in a Florida Annual Accounting?

The structure of the report depends on the size of the ward’s estate, the type of guardianship, and the level of court supervision. In general, though, the report must include:

  • A beginning inventory balance: This is typically carried over from the inventory filed at the beginning of the guardianship or the prior year’s accounting.
  • All receipts and income: This includes Social Security payments, pensions, investment earnings, rents, and any other incoming funds.
  • All disbursements and expenses: Every expense paid on behalf of the ward, including housing, utilities, medical care, attorney fees, and other costs.
  • Ending balances: The guardian must show the current balances of all bank accounts, investment accounts, and assets.
  • Supporting documents: Bank statements, invoices, and receipts may be required for verification.
  • Affidavit of accuracy: The guardian must certify under oath that the report is true and complete.

All of this must be filed with the court within 90 days of the end of the accounting period, as required by § 744.367(1), Florida Statutes.

Levels of Accounting in Florida Guardianship Cases

Florida law outlines different accounting requirements based on the type of guardianship and the size of the ward’s estate.

  • Simplified accounting may be available when the assets are limited and there is minimal activity.
  • Full annual accounting is required when the ward’s assets or income exceed $25,000, or where significant financial transactions have occurred.
  • Guardian advocates for adults with developmental disabilities may have slightly different rules, particularly if no property is involved.

In each case, the judge has discretion to require more detailed documentation if concerns arise.

Filing Procedure: Step-by-Step Overview

  1. Track every transaction throughout the year – As a guardian, it’s your responsibility to keep clean, consistent records. Use separate bank accounts for the ward’s funds and avoid mixing with personal money.
  2. Prepare the accounting on an approved form – Florida’s courts provide standard formats and rules for guardianship accountings. These must be followed carefully.
  3. Attach supporting documents – Include copies of account statements and explanations for any large or unusual transactions.
  4. File the accounting with the clerk of court – In Orange County, this is done through the probate division. You must also serve copies on all interested persons, including the ward’s attorney if one has been appointed.
  5. Pay the audit fee – Florida courts charge a fee for auditing annual accountings based on the value of the estate, per § 744.3678.
  6. Wait for review and possible objections – If no objections are filed and the court is satisfied, your accounting will be approved. If not, a hearing may be scheduled.

What Happens If You Miss the Deadline or Make a Mistake?

Florida guardianship courts are strict about compliance. If a guardian fails to file a required accounting or submits an incomplete or inaccurate report, the court can take action under § 744.3685. This may include:

  • Requiring an amended accounting
  • Ordering an audit or investigation
  • Suspending or removing the guardian
  • Referring the matter to law enforcement if fraud is suspected

On the flip side, if you’re an interested party and you believe a guardian has failed in their duties or misused funds, you have the right to petition the court to review the accounting or demand a more thorough audit.

I’ve represented clients on both sides of these disputes. Whether you’re trying to comply with your reporting obligations or seeking accountability for a loved one, I can help.

The Role of the Court and Professional Reviewers

In Orange County and throughout Florida, annual accountings are reviewed by court staff or outside auditors. If discrepancies are found, the court may hold a hearing or request additional documents. All guardians are bound by fiduciary duties under § 744.446, and they may be held personally liable for mismanagement or misconduct.

Can You Do This Without an Attorney?

While guardians are not required to have a lawyer to file an annual accounting, I’ve seen far too many guardians get into trouble simply because they misunderstood the rules or made avoidable errors. Missing documentation, incorrect math, and failure to track funds can quickly lead to court sanctions or loss of guardianship rights.

If you’ve been appointed guardian and feel overwhelmed by the legal process, I can help. Likewise, if you’re a concerned family member who suspects wrongdoing or has not received copies of accountings you are legally entitled to see, I can petition the court to enforce your rights.

To discuss your situation, call my office at 1-888-640-2999 to schedule a consultation. I work with clients across Orange County and offer guidance tailored to your needs.

Florida Guardianship Frequently Asked Questions

Do I have to file an annual accounting if the ward has no money?
If you are a guardian of the property and the ward has no assets or income, you may be eligible for a waiver or simplified filing. However, this must be approved by the court. You should still notify the court of the status of the ward’s estate, even if there is no financial activity.

What is the deadline for submitting the annual accounting?
You must file the report within 90 days of the anniversary date of your appointment as guardian. The court may impose penalties or issue orders to show cause if you miss this deadline.

Can a family member request to review the annual accounting?
Yes. Any interested person, including immediate family members, can request a copy of the filed accounting. If they have concerns about the accuracy or honesty of the report, they can also file formal objections with the court.

What if I make a math mistake in the accounting?
Even small mistakes can cause problems. If an error is found, the court may request a revised accounting. More serious discrepancies could lead to a court hearing or even an audit. It’s always better to correct an error proactively rather than wait for the court to catch it.

Can I pay myself as the guardian from the ward’s funds?
Yes, but only if your compensation is approved by the court. Florida law allows reasonable compensation for guardians, but you must petition the court for approval, document your services, and include it in the accounting.

What supporting documents do I need to file with the report?
You should include copies of bank statements, investment summaries, receipts for major purchases, and any other proof that shows where the ward’s money went. The court may ask for more if questions arise.

What happens if the court does not approve my accounting?
If the judge has concerns, they can reject the accounting and request a corrected version. In serious cases, the court may order an audit, hold a hearing, or suspend your authority as guardian. If you are removed, the court may appoint someone else to take over.

Do I need an attorney to file an objection to someone else’s accounting?
You are not required to have an attorney, but legal guidance is strongly recommended. Objecting to an accounting involves legal filings, deadlines, and sometimes court appearances. An attorney can help you present your concerns effectively.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.

If you are a guardian and need help filing a proper annual accounting—or if you’re concerned that a guardian isn’t fulfilling their duties—don’t wait for a mistake to cause problems. Let’s talk about your options and make sure everything is handled properly and legally.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.

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What to Do if a Guardian Misuses a Ward’s Finances in Florida

What to Do if a Guardian Misuses a Ward’s Finances

Protecting Vulnerable Adults From Financial Abuse—And Defending Guardians Against Unfair Accusations

In Orlando and throughout Orange County, Florida, guardianship plays an essential role in protecting individuals who can no longer manage their own affairs. When someone becomes legally incapacitated—whether due to age, illness, or disability—the court may appoint a guardian to make financial decisions on their behalf. But what happens if the person given that responsibility begins misusing the ward’s money?

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney. For years, I’ve helped clients on both sides of this sensitive issue. I represent concerned family members who believe a guardian is taking advantage of a vulnerable person—and I also represent guardians who are wrongfully accused and need legal protection to preserve their role and reputation.

If you’re facing this situation, you don’t need to guess about your rights or the law. Call my office at 1-888-640-2999 to schedule a consultation. I handle guardianship cases throughout Orange County, and I’ll help you take the right legal steps to protect what matters.

Understanding Financial Misuse in Guardianship Cases

Guardianship is a powerful legal relationship. When someone becomes a guardian of the property under Florida Statutes Chapter 744, they gain access to the ward’s bank accounts, investments, real estate, and income. But that authority comes with legal boundaries.

Misuse of a ward’s finances can include:

  • Unauthorized withdrawals from bank accounts
  • Using the ward’s money for personal expenses
  • Transferring assets without court approval
  • Selling property below fair market value
  • Failing to maintain records or file court-mandated accountings

These actions can have serious consequences. If proven, the guardian may be removed, required to pay restitution, or even face criminal charges. But it’s also important to understand that not all allegations are based on wrongdoing. In some cases, a guardian may be falsely accused due to family conflict or misunderstanding.

What Florida Law Requires of Guardians

Under Fla. Stat. § 744.361, all guardians owe a fiduciary duty to the ward. This means the guardian must act solely in the ward’s best interest, avoid any self-dealing, and keep detailed financial records. The law requires:

  • Filing an Initial Inventory within 60 days of appointment (Fla. Stat. § 744.365)
  • Submitting Annual Accountings of all income and expenses (Fla. Stat. § 744.367)
  • Seeking court approval for major transactions, such as real estate sales, gifts, or changes in investments (Fla. Stat. § 744.441)

Guardians who don’t meet these requirements risk being held in contempt or having their authority revoked by the court.

If You Suspect Financial Misuse

If you believe a guardian is mishandling funds, you have the legal right to act. Florida law allows “interested persons” to petition the court under Fla. Stat. § 744.474 to:

  • Compel the guardian to provide a full accounting
  • Request removal or suspension of the guardian
  • Seek restitution for misused funds
  • Ask the court to appoint a successor guardian

This process begins by filing a Petition to Remove Guardian, which must be supported by facts, not just suspicion. The court may schedule a hearing, issue subpoenas for financial records, and order a full investigation.

As your attorney, I will help you gather the evidence, prepare the proper court filings, and advocate for your loved one’s best interests. If there’s wrongdoing, I’ll work to ensure it’s stopped—and if the funds are recoverable, we’ll ask the court to restore them.

If You Are a Guardian Accused of Misusing Funds

Being accused of financial abuse as a guardian can be devastating, especially if the allegations are untrue. I have defended many guardians in Orlando and throughout Orange County who found themselves in this situation through no fault of their own.

False or exaggerated claims may stem from:

  • Family disagreements about money
  • Lack of understanding about guardianship law
  • Poor communication with other relatives
  • Honest mistakes in recordkeeping

The law gives guardians the opportunity to respond. You are entitled to defend yourself, provide documentation, and explain your actions. If you’ve followed court orders and acted in good faith, the judge may deny the petition and allow you to continue your role.

I can help you prepare your legal defense, organize your accountings, and correct any errors before they become grounds for court action. It’s critical to respond quickly and comply with all court requirements.

The Role of the Court and Oversight Procedures

Florida’s guardianship system is intentionally structured with safeguards to protect against abuse. The court is not only the appointing authority—it continues to supervise the guardian’s activities long after the initial order is entered.

Key protections include:

  • Clerk of Court Audits of financial accountings
  • Mandatory Training for professional and family guardians
  • Judicial Review of petitions involving money, property, or gifts
  • Bonds or restricted depository requirements for asset protection

If these safeguards are ignored or manipulated, the court has wide discretion to act. Under Fla. Stat. § 744.474(4), a guardian may be suspended or permanently removed for financial misconduct, and the court can issue orders to recover property, freeze accounts, or refer the matter for criminal prosecution.

Possible Outcomes in Financial Misuse Cases

Depending on the evidence and the circumstances, Florida courts may:

  • Remove the guardian and appoint a replacement
  • Order restitution of misappropriated funds
  • Impose fines or attorney’s fees
  • Refer the case to law enforcement if criminal theft is suspected
  • Revoke prior court approvals that were obtained through fraud

In some cases, courts may allow the guardian to remain in place but require additional oversight or restrict access to financial assets. Each case is highly fact-specific.

Why These Cases Require an Experienced Guardianship Attorney in Orlando

Guardianship cases are often emotional, especially when family members disagree. But when financial misconduct is involved—or even alleged—the legal consequences are serious. Whether you’re a concerned adult child, a sibling, or a guardian yourself, you need clear legal guidance.

As an Orlando Guardianship Attorney, I have decades of experience protecting both vulnerable wards and the family members who care about them. I take these cases seriously because I understand what’s at stake. You deserve to work with someone who knows how to interpret the court orders, prepare the filings, and make the strongest argument for your side.

If you’re involved in a guardianship dispute over finances, I encourage you to contact my office at 1-888-640-2999 to schedule a consultation. Let’s make sure the court hears your voice—and that your rights and your loved one’s future are protected.

Misusing A Ward’s Funds in Florida Frequently Asked Questions

What are the warning signs that a guardian is misusing a ward’s funds?
Common red flags include unexplained withdrawals, missing financial statements, sudden changes in spending, or a guardian who refuses to share records. If bills are going unpaid or the ward’s living conditions decline despite available funds, there may be cause for concern.

Can anyone challenge a guardian’s financial conduct?
Yes. Any “interested person,” such as a family member, friend, or even a care provider, can file a petition with the court. The petitioner must present credible concerns. Florida law gives the court authority to investigate and order corrective action if needed.

How do I request an audit of a guardian’s accountings?
You can file a motion with the probate division of the circuit court requesting a formal audit. The court may instruct the Clerk of Court to review financial reports and determine whether the guardian followed required procedures. If there are discrepancies, further hearings may follow.

What if the guardian is also a family member?
Family status does not exempt a guardian from legal duties. In fact, family guardians are often scrutinized more closely because personal interests may conflict with fiduciary responsibilities. Courts expect transparency regardless of who serves as guardian.

Can a guardian be prosecuted for stealing a ward’s money?
Yes. If the misuse rises to the level of theft or exploitation, the court may refer the case to law enforcement. Florida has elder abuse and exploitation laws that criminalize financial misconduct against vulnerable adults.

Is it possible to freeze a guardian’s access to accounts during an investigation?
Yes. The court can issue an emergency order to freeze access to the ward’s assets if there’s credible evidence of misuse. This typically requires a motion supported by affidavits or financial documentation showing irregular activity.

What if the guardian was acting in good faith but made a mistake?
Courts understand that honest mistakes can happen. If the guardian provides documentation, amends their reports, and cooperates with the court, penalties may be avoided. However, repeated or reckless behavior may not be excused.

Can multiple guardians be appointed to handle finances together?
Yes, but the court must approve this arrangement. Co-guardians must act jointly unless the order specifies otherwise. This can provide checks and balances but may also lead to conflict if they disagree.

What happens if a guardian refuses to provide accountings?
This is a violation of court orders. The court may issue a show cause order, require immediate compliance, and impose sanctions. Continued refusal may result in removal and further legal consequences.

Is it too late to act if the misuse happened years ago?
Not necessarily. If you have recently discovered wrongdoing and can provide evidence, the court may still allow a review. However, time limits may apply to certain actions, so it’s important to speak with a guardianship attorney promptly.

Call Beryl Thompson-McClary To Discuss Your Case
If you’re dealing with the financial misuse of guardianship funds—or if you’ve been accused and need legal defense—your next steps matter. I handle these issues every day for clients throughout Orange County, and I’m ready to stand with you.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.

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