Articles and topics covering Florida divorce law, lawyers, attorneys, and law firms in Orlando, Florida (FL) and the counties of Orange County, Brevard County, Polk County, Osceola County, Seminole County, and Lake Counties for uncontested divorces and contested divorces with marital assets and high net worth cases such as doctors, CEOs, entrepreneurs.

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How to Prevent Legal Battles Over Guardianship in Florida

How to Prevent Legal Battles Over Guardianship in Florida

A Clearer Path to Peace for Families Facing Guardianship Issues

In a place as vibrant and diverse as Orlando, family dynamics are just as varied as the people who call Central Florida home. But when someone you care about becomes incapacitated or unable to manage their affairs, families are often forced into difficult decisions. Emotions run high, and sometimes disagreements turn into full-blown legal battles. I’m Beryl Thompson-McClary, a Guardianship Attorney in Orlando, and I’ve helped many families across Orange County find ways to avoid these painful and expensive court fights.

My approach is grounded in the law, focused on the facts, and always shaped by the best interests of the person who needs protection. Whether you’re trying to establish a guardianship or you’re worried about someone being taken advantage of, it’s important to understand how these conflicts start—and what you can do to prevent them.

If you need help with a guardianship matter, call my office at 1-888-640-2999 to schedule a consultation. I serve clients throughout Orange County and am here to help protect your loved ones and your family relationships.

Why Guardianship Disputes Arise in Florida

Guardianship battles often happen when there is a breakdown in communication, a lack of trust, or confusion over a loved one’s wishes. Florida law allows any adult to petition the court to become the guardian of someone who is allegedly incapacitated. But when multiple family members disagree about who should be appointed—or whether guardianship is even necessary—the case can escalate quickly.

These disagreements are often rooted in genuine concern. One child may believe their parent is being manipulated. Another may argue that the parent is still capable of making decisions. Without clear evidence, the court is left to sort through conflicting accounts, and families may be left divided.

As an Orlando Guardianship Attorney, I’ve seen these conflicts unfold from all angles. Sometimes, I represent family members who are worried that another relative is trying to seize control. Other times, I help guardians defend themselves against unfair accusations. Either way, my job is to keep the focus where it belongs: on the welfare of the individual who needs protection.

Florida Law and Guardianship Petitions

The legal process for establishing guardianship is outlined in Florida Statutes Chapter 744, which provides detailed guidance on everything from determining incapacity to assigning a guardian. When a petition is filed, the court will appoint an examining committee to evaluate the person in question. Based on their findings, the judge decides whether guardianship is necessary and who should serve.

Under Fla. Stat. §744.331, the alleged incapacitated person has the right to legal representation, to attend the hearing, and to present evidence. This means that even before a guardian is appointed, the case can become contentious if there are conflicting reports or competing petitions from family members.

Once a guardian is appointed, the responsibilities and limitations of that guardian are clearly defined under Fla. Stat. §744.361. Guardians must act in the ward’s best interests, submit annual reports, and seek court approval for major decisions. But even after appointment, disputes can arise—especially if other family members feel excluded, suspicious, or concerned about financial decisions.

How to Avoid Guardianship Disputes Before They Start

Disagreements over guardianship can often be prevented with early planning and open communication. Here are several steps I advise clients to take if they want to reduce the likelihood of family conflict:

  • Advance Planning: Encourage your loved ones to create durable powers of attorney, healthcare surrogates, and living wills before any issues arise. These documents make it clear who is authorized to make decisions and under what circumstances.
  • Family Discussions: Talk to your family about your preferences or your loved one’s wishes. While these conversations may feel uncomfortable, they can prevent misunderstandings later.
  • Trust-Based Estate Planning: Consider creating revocable or irrevocable trusts that include language on successor trustees, incapacity provisions, and asset protection. This can reduce the need for court-appointed guardianship altogether.
  • Use a Professional Guardian: When family dynamics are too strained, appointing a neutral third party may be the best way to avoid personal disputes. Courts in Florida recognize and approve professional guardians in appropriate cases.

As your Guardianship Attorney in Orlando, I can guide you through each of these steps and ensure your documents are legally valid and properly executed.

When Disputes Are Already Happening

If your family is already in conflict over a guardianship case, it’s important to act carefully and legally. Filing petitions without understanding the full implications can backfire. I work with clients on both sides—those seeking guardianship and those defending themselves from what they believe is an unnecessary or harmful petition.

Here are some steps we may take:

  • Demanding Evidence: Under Fla. Stat. §744.3201, every petition for incapacity must include factual statements, not just opinions. If another party makes unfounded claims, we can challenge their petition.
  • Requesting Mediation: Florida guardianship courts often allow or encourage mediation. This can help families reach an agreement outside of the courtroom.
  • Filing Objections or Cross-Petitions: If you believe someone else should be appointed guardian, or if you think the person seeking control is not fit to serve, we can file the appropriate documents to protect your loved one’s interests.
  • Seeking Court Oversight or Removal: If a guardian is already appointed but mismanaging assets or violating duties, I can petition the court under Fla. Stat. §744.474 for oversight or removal.

Guardianship cases should be focused on care and protection—not power struggles. With experienced legal support, you can make sure the court hears the facts clearly and avoids unnecessary escalation.

The Cost of Guardianship Litigation

Legal battles over guardianship aren’t just emotionally painful—they can be financially damaging. Multiple petitions, attorney fees, expert witnesses, and extended court hearings all add up. Worse, these costs are often paid from the ward’s estate.

That’s why I always explore ways to avoid full-scale litigation when possible. Mediation, negotiated settlements, and third-party guardianships can often preserve family relationships and protect the ward’s finances. But if your case does require litigation, I’m prepared to represent you with clarity, compassion, and the full force of Florida law.

Why Choose Me as Your Orlando Guardianship Attorney

I understand the sensitive nature of guardianship cases. Families are often under stress, and emotions can make communication difficult. My role is to serve as a steady legal guide, to help you understand your rights, and to make sure your loved one receives the protection they need.

Whether you’re trying to set up a guardianship, respond to a petition, or resolve a conflict over an existing arrangement, I’m here to help. I represent clients throughout Orange County and I offer clear, practical legal advice based on years of real experience in Florida guardianship law.

If you are facing or anticipating a guardianship dispute, call my office at 1-888-640-2999 to schedule a consultation.

Frequently Asked Questions

What are the main causes of guardianship disputes in Florida?

Disputes usually arise from disagreements about who should serve as guardian, whether the person truly needs a guardian, or how the ward’s assets are being handled. Emotions, misunderstandings, and lack of planning often contribute to these conflicts. When families communicate early and establish clear legal documents, many of these disputes can be avoided.

Can a guardianship dispute be resolved without going to court?

Yes. Mediation is an option in many Florida guardianship cases and is often encouraged by the court. If both sides are willing to compromise, they can agree on a guardian or an alternative plan that avoids prolonged litigation. Mediation can save time, preserve relationships, and reduce expenses.

Who has the right to file for guardianship in Florida?

Any adult can file a petition for guardianship of another person in Florida. That includes family members, friends, or professional caregivers. However, just because someone files doesn’t mean they will be appointed. The court reviews the facts and considers the best interests of the alleged incapacitated person.

What legal protections exist to prevent abuse of guardianship?

Florida law imposes strict fiduciary duties on guardians and requires annual reports, accountings, and judicial oversight. Interested parties can file complaints or petitions if they suspect financial abuse, neglect, or other misconduct. Guardians can be suspended or removed if they fail to perform their duties properly.

Can someone object to a guardianship if they think it’s unnecessary?

Yes. Under Florida Statutes, the alleged incapacitated person has the right to contest the petition. Additionally, family members and other interested parties can file objections or alternative petitions. The court considers medical evidence, expert testimony, and family input when deciding whether to impose a guardianship.

What if two or more people want to serve as guardian?

When multiple people petition to be appointed, the court evaluates each candidate’s qualifications, relationship to the ward, history of involvement, and ability to carry out fiduciary duties. The judge may appoint one guardian or, in some cases, co-guardians. However, co-guardianships can lead to conflict unless carefully managed.

Is it possible to avoid guardianship altogether?

In many cases, yes. With proper estate planning documents, such as durable powers of attorney, advance healthcare directives, and revocable trusts, families can avoid guardianship proceedings. These legal tools allow trusted individuals to step in without court involvement if someone becomes incapacitated.

Can a guardianship be changed or terminated later?

Yes. If circumstances change—such as recovery of capacity or discovery of misconduct—an interested party can petition the court to modify, terminate, or replace the guardianship. The ward also has the right to seek restoration of their rights if they regain the ability to manage their own affairs.

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

If you are concerned about preventing or resolving a guardianship dispute in Florida, it’s important to act thoughtfully and legally. These cases impact people’s lives and finances in a serious way.

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What to Do If You Suspect a Guardian Is Acting Against a Ward’s Best Interests in Florida

What to Do If You Suspect a Guardian Is Acting Against a Ward’s Best Interests in Florida

How Florida Law Protects Vulnerable Adults From Guardian Misconduct

Orlando is a vibrant and growing city, home to countless families who care deeply for aging loved ones and adult children with special needs. As a Guardianship Attorney in Orlando, I work closely with families throughout Orange County who need help managing the legal and personal aspects of guardianship. One of the hardest things to witness is when someone suspects that a guardian—someone appointed to protect a vulnerable adult—may be abusing that trust.

If you believe a guardian is acting in a way that harms, exploits, or neglects a ward, you have options. I’m Beryl Thompson-McClary, and I help people on both sides of guardianship matters—whether you’re seeking to challenge a guardian’s conduct or you’re a guardian defending against unfair accusations. If you need help, call my office at 1-888-640-2999 to schedule a consultation.

Let’s walk through what Florida law says about guardian misconduct, how to spot the warning signs, and what you can do if you’re concerned.

Understanding the Guardian’s Legal Duties in Florida

Guardians in Florida are legally bound to act in the best interests of the person they care for, known as the “ward.” These responsibilities are outlined in Chapter 744 of the Florida Statutes. Guardians have fiduciary duties, meaning they must act with honesty, care, and loyalty.

Under Florida Statute §744.361, a guardian must:

  • Properly manage the ward’s assets and property
  • File annual accountings and status reports
  • Use the ward’s funds only for their benefit
  • Make decisions consistent with the ward’s needs and wishes, where possible

When a guardian fails to fulfill these duties, they may be removed or sanctioned by the court. If the misconduct involves financial abuse or neglect, they may even face criminal charges.

What Are Common Signs of Guardian Misconduct?

Guardianship abuse isn’t always obvious. In many cases, family members, friends, or caretakers begin to notice subtle signs that something isn’t right.

You may have reason to act if you observe:

  • Unexplained withdrawals from the ward’s accounts
  • Sudden changes in the ward’s lifestyle or living conditions
  • The ward appears confused, neglected, or malnourished
  • The guardian refuses to share financial or medical information
  • Missed court filings or failure to submit annual reports

If you’re unsure whether a guardian’s conduct crosses the line, I can help you understand what the court will consider a violation.

Legal Grounds for Removing a Guardian in Florida

If you suspect misconduct, Florida Statute §744.474 provides a legal basis for removing a guardian. The court may remove a guardian who:

  • Fails to file required reports or inventories
  • Misuses or misappropriates the ward’s assets
  • Is convicted of a crime that impacts their suitability
  • Has a conflict of interest or is otherwise unfit
  • Neglects the ward’s personal care or welfare

A petition to remove the guardian can be filed by any “interested person,” including family members, health care providers, or close friends.

How to File a Complaint or Petition

The first step in protecting the ward is gathering evidence. This might include financial documents, written communications, photographs, or witness statements. From there, you have two primary options:

  1. File a formal petition to remove the guardian in the guardianship court
  2. Submit a complaint to the Clerk of Court or the Department of Elder Affairs

Depending on the situation, the court may order an investigation or set a hearing. If immediate harm is suspected, the court may appoint a temporary guardian or freeze the ward’s assets.

As an Orlando Guardianship Attorney, I help clients prepare and file petitions with clear, detailed evidence to support their claims. If you’re a guardian facing false accusations, I can also defend your actions and show the court your compliance with legal obligations.

What Happens After a Petition Is Filed?

Once a petition is submitted, the court may:

  • Set a hearing date
  • Request additional information from the guardian
  • Order an audit of the guardian’s financial management
  • In emergency cases, appoint a guardian ad litem or an emergency temporary guardian

If the court finds the guardian has acted against the ward’s interests, they can be removed and replaced. In some cases, the removed guardian may be required to repay misused funds or account for missing assets.

It’s important to understand that the goal of the court is not punishment but protection. Everything centers on the best interests of the ward. That’s why it’s so important to work with an attorney who understands these cases from every angle.

Defending Against Unjust Accusations

Sometimes, a guardian is doing their best, but family members disagree about care decisions or financial management. False or exaggerated accusations can lead to unnecessary legal battles. If you are a guardian facing a removal petition, you deserve a fair opportunity to defend your actions.

I regularly represent guardians accused of wrongdoing and help them:

  • Respond to petitions with supporting documentation
  • Present evidence of good-faith actions and compliance
  • Demonstrate that they acted according to court orders
  • Request a guardian ad litem investigation to show they acted responsibly

Not every petition results in removal. The court looks carefully at each case and weighs all the evidence before taking action.

Consequences of Guardian Misconduct Under Florida Law

When misconduct is proven, the court has wide discretion to take corrective action. This may include:

  • Removal of the guardian
  • Reimbursement of misused funds
  • Referral to law enforcement for prosecution
  • Appointment of a successor guardian

In egregious cases, guardians can face felony charges under Florida’s elder abuse laws. Failing to act quickly when you suspect abuse can lead to lasting harm to the ward’s health, finances, and legal rights.

Whether you’re concerned about a loved one’s safety or trying to protect your reputation as a guardian, your next steps matter. Call my office at 1-888-640-2999 to schedule a consultation and get the support you need.

FAQs: Suspected Guardian Misconduct in Florida

What are my options if I believe a guardian is stealing from a ward?
You can file a formal petition in the guardianship court or report your concerns to the Clerk of Court. You’ll need to provide documentation or witness statements. If the court finds evidence of wrongdoing, the guardian may be removed and held financially accountable.

Can I ask the court to freeze the ward’s accounts?
Yes, but only in specific situations. If you believe immediate harm is likely, your attorney can request emergency measures. This may include freezing accounts, appointing a temporary guardian, or suspending the current guardian’s powers.

How do I know if a guardian is neglecting the ward’s care?
Signs of neglect may include weight loss, poor hygiene, missed medical appointments, or isolation. If you’re concerned, document what you’ve seen and bring it to the attention of the court. The court may investigate and order corrective measures.

Can a guardian be removed without a hearing?
Typically, no. A hearing allows the court to examine evidence from all sides. In emergencies, the court can appoint a temporary guardian pending the outcome of a formal hearing. Even then, due process protections apply.

What if the ward is still able to speak for themselves?
The court will consider the ward’s input, especially if they can express clear preferences. Guardianship doesn’t automatically eliminate all of a person’s rights. If the ward expresses discomfort or concern, the court may give that great weight.

I’m a guardian being accused unfairly. What should I do?
You should retain legal representation immediately. Keep detailed records of your actions, including receipts, medical logs, and correspondence. Your attorney can help present this to the court and defend your right to serve.

What if the guardian is a family member? Can they still be removed?
Yes. Relationship to the ward does not shield someone from removal. If the guardian is mismanaging funds, neglecting care, or violating court orders, the court can and will act regardless of the family connection.

Can the ward regain control of their affairs if their condition improves?
Yes. If the ward can demonstrate restored capacity, they can petition the court to terminate the guardianship. The court will usually require a medical evaluation or testimony from health professionals before restoring rights.

How long does it take to remove a guardian in Florida?
It depends on the complexity of the case. Some petitions are resolved in a few weeks, while others involving extensive financial reviews may take several months. Emergency cases can move more quickly.

Should I report suspected misconduct even if I’m not sure?
If you have a good faith concern, it’s better to report it. The court can review the situation and decide whether to take further action. Florida law is designed to protect the ward above all else.

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

If you believe a guardian is acting against the best interests of a loved one—or if you are a guardian facing accusations of misconduct—you don’t have to face it alone. These cases are sensitive, and your next step matters.

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What to Do If You Suspect a Guardian Is Acting Against a Ward’s Best Interests in Florida

What to Do If You Suspect a Guardian Is Acting Against a Ward’s Best Interests in Florida

How Florida Law Protects Vulnerable Adults and What You Can Do If You Suspect Abuse, Neglect, or Mismanagement

Orlando is a place where families come together across generations. But when an aging parent or adult child becomes incapacitated and a guardian is appointed to make decisions on their behalf, things can quickly become complicated. As a Guardianship Attorney in Orlando, I’ve seen firsthand how guardianship can either protect or harm a vulnerable adult. While many guardians work hard and act responsibly, there are unfortunate situations where someone entrusted to care for a loved one may fall short—or even act against that person’s best interests.

If you’re in Orange County or anywhere nearby and you believe a guardian is mishandling money, neglecting a loved one’s medical needs, or making decisions that go against what the ward would have wanted, I want you to know that you don’t have to handle this alone. My name is Beryl Thompson-McClary. I represent clients on both sides of guardianship disputes: family members trying to protect someone they care about, and guardians who are wrongly accused and need a strong legal defense.

Call me at 1-888-640-2999 to schedule a consultation and talk through your concerns.

Understanding the Guardian’s Legal Role in Florida

Under Florida Statutes Chapter 744, a guardian is someone appointed by the court to act on behalf of a person (the “ward”) who has been deemed incapacitated due to age, disability, injury, or illness. There are two primary types of guardianships:

  • Guardian of the person, responsible for healthcare, housing, and general well-being
  • Guardian of the property, responsible for managing financial and legal affairs

Sometimes, one individual is appointed to do both—this is called a plenary guardian.

The guardian must always act in the best interests of the ward. That means making financial decisions that preserve the ward’s assets, ensuring they receive adequate medical care, and never using their authority for personal gain.

Florida law imposes strict fiduciary obligations on guardians. According to §744.361, guardians must:

  • Act prudently and in good faith
  • Avoid self-dealing or conflicts of interest
  • File timely annual reports and accounting statements
  • Keep records and preserve receipts
  • Use the ward’s funds for appropriate, court-approved purposes

When these obligations are violated, the law provides remedies—and that’s where my role as an Orlando Guardianship Attorney becomes essential.

What Are Red Flags That a Guardian May Be Acting Improperly?

Not all misconduct is dramatic or obvious. In fact, in many cases, family members only start to suspect something is wrong based on small, repeated irregularities.

Here are signs I tell families to watch for:

  • Unexplained withdrawals from the ward’s bank account
  • Changes in living conditions, such as declining care or relocation to a facility without family input
  • Lack of transparency—the guardian refuses to share financial reports, medical updates, or bills
  • Missing assets, canceled insurance, or property sales without notice
  • Failure to file required court documents, such as annual accountings or plans
  • Behavioral changes in the ward—withdrawal, anxiety, signs of malnutrition, or missed medical appointments

If any of these red flags are present, the next step is gathering documentation and speaking with a qualified attorney. Timing matters, especially if you believe your loved one’s safety or finances are at risk.

Florida Law on Removing a Guardian for Misconduct

If a guardian is believed to be acting against the ward’s interests, Florida law allows an “interested person” to petition the court to intervene. This is established under §744.474, which provides legal grounds for removal of a guardian, including:

  • Failure to comply with court orders or reporting obligations
  • Misuse or misappropriation of the ward’s assets
  • Abuse, neglect, or exploitation of the ward
  • Conviction of certain crimes or incapacity of the guardian
  • Conflict of interest that affects the guardian’s ability to serve

Once a petition is filed, the court may:

  • Set a hearing
  • Appoint a court monitor or guardian ad litem to investigate
  • Order an audit of the ward’s finances
  • Temporarily suspend the guardian and assign a replacement
  • Permanently remove the guardian if wrongdoing is proven

In some cases, especially when financial abuse is discovered, the court may refer the matter to law enforcement or the Department of Elder Affairs.

What to Do If You Suspect a Guardian Is Harming a Ward

The most important thing you can do is act swiftly—but carefully. If you file a removal petition without legal counsel or supporting evidence, the court may dismiss your concerns as speculative or hostile.

Here’s what I advise:

  • Document everything—dates, observations, photos, conversations, receipts
  • Request copies of reports filed with the court (guardians are required to file them)
  • Talk with caregivers or medical providers if possible to assess the ward’s condition
  • Call my office to review the facts and determine the strength of your case

If we decide to move forward, I’ll prepare a detailed petition and supporting documents. If the facts are on your side, the court will take the matter seriously.

What If You’re a Guardian Being Accused Unfairly?

This is equally important. Not all accusations are justified. Sometimes family members disagree about the ward’s care, or longstanding family conflicts spill into the guardianship. As a guardian, you may be doing the hard work behind the scenes while others criticize from the outside.

If you’re facing allegations of misconduct, you have the right to defend yourself. I’ve represented many guardians who needed help proving that they acted in the ward’s best interest and in compliance with the law.

I help guardians:

  • Gather documentation to defend financial decisions
  • Respond to court inquiries and monitoring reports
  • Show compliance with all statutory and court-ordered requirements
  • Correct honest mistakes without putting their role at risk

Your ability to continue caring for someone you love may depend on how effectively you defend your record.

What Are the Possible Outcomes of a Petition?

If the court finds the guardian did nothing wrong, the petition may be dismissed. However, if the court finds that the guardian breached their duties—even unintentionally—several things may happen:

  • The guardian may be ordered to repay misused funds
  • The court may remove the guardian and appoint someone else
  • In serious cases, the court may refer the case for criminal prosecution
  • The ward’s rights may be further restricted, or a plenary guardian appointed

These are life-altering outcomes, both for the ward and the guardian. The earlier you seek guidance, the better your chances of reaching a resolution that protects everyone involved.

We Represent Both Sides—Because Justice Requires Balance

As a Guardianship Attorney in Orlando, I work with families trying to protect their loved ones from abuse, neglect, and exploitation. I also work with guardians—often spouses or adult children—who are doing their best but need help staying compliant and defending their role.

That balance matters. Florida law isn’t meant to punish—it’s meant to protect. The courts will look at your petition or defense based on facts, not emotion. I’ll help you focus your case on what matters most: the best interests of the ward.

If you need to speak to someone about a guardianship case in Orange County or surrounding areas, I invite you to schedule a consultation by calling 1-888-640-2999.

Florida Guardianship Frequently Asked Questions

Can I be held personally liable if I report a guardian and I’m wrong?
No, not if your concern was raised in good faith. Florida courts encourage concerned parties to report potential misconduct, even if the court later finds no violation. False accusations made maliciously, however, can lead to legal consequences.

Does the ward have a say in whether the guardian stays or is removed?
Yes, especially if the ward retains partial capacity. The court may consider their wishes when deciding whether to remove or retain a guardian. In some cases, the ward can testify or submit a statement.

What is a guardian ad litem, and how are they involved?
A guardian ad litem is a neutral third party appointed by the court to investigate and make recommendations about what’s best for the ward. This person does not take over guardianship but provides valuable input to the judge.

How long does it take to remove a guardian in Florida?
It depends on the complexity of the case and whether an emergency motion is filed. Standard removal proceedings may take a few months, while emergency removals can happen within days if there is credible evidence of immediate harm.

What happens to the ward’s finances if the guardian is removed?
The court may freeze accounts temporarily and appoint a new guardian of the property. A full audit is usually conducted to determine whether any funds were misused and whether restitution is owed.

Can someone else be appointed as guardian if the current one is removed?
Yes. The court will appoint a successor guardian. This may be a family member, a professional guardian, or someone from a state-approved list, depending on who is best suited to serve the ward’s interests.

What if the guardian was managing a business or large investment portfolio?
Financially complex guardianships require strict adherence to reporting and management standards. If assets are mismanaged, the court may appoint a professional fiduciary to take over or order restitution from the removed guardian.

Is a court hearing always required to remove a guardian?
Yes. Due process requires a formal hearing unless there is an emergency, in which case a temporary suspension can occur followed by a full hearing.

How do I access financial records if the guardian won’t provide them?
Once you file a petition with the court, you may request a court order compelling the guardian to produce records. The court can issue subpoenas and take other steps to ensure transparency.

Can the court order restitution if the guardian took money improperly?
Yes. If funds were misused, the court can order reimbursement. This is common when the guardian has commingled funds or made unauthorized transfers.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
If you suspect a guardian is acting against the best interests of a vulnerable adult—or if you are a guardian facing allegations of misconduct—it’s important to act with urgency and clarity. These cases require legal skill, compassion, and a thorough understanding of Florida guardianship law.

We’re here to help you protect what matters most.

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Legal Remedies for Family Members Concerned About a Guardianship Appointment in Florida

Legal Remedies for Family Members Concerned About a Guardianship Appointment in Florida.

Understanding Your Rights and Legal Options When Disputing or Challenging a Guardianship

Orlando is a city where family ties and generational caregiving often go hand in hand. As a Guardianship Attorney in Orlando, I often meet families who find themselves involved in sensitive disputes surrounding the appointment of a guardian. Whether you believe a guardianship is unnecessary, fear that the proposed guardian is unfit, or simply want to understand your rights in a contested proceeding, it’s important to know that Florida law gives family members multiple avenues to raise their concerns.

I’m Beryl Thompson-McClary, and I help people throughout Orange County handle contested guardianships, contested appointments, and post-appointment concerns with clarity and legal precision. If you are concerned about a guardianship appointment—whether it has already occurred or is currently being considered—I encourage you to schedule a consultation by calling 1-888-640-2999. I help both sides of these complex matters, and I understand how delicate and emotionally charged they can be.

The Guardianship Appointment Process in Florida

Under Florida law, a guardianship is initiated when someone files a petition alleging that an individual (the alleged incapacitated person or “AIP”) lacks the capacity to make decisions regarding their person, property, or both. Florida Statutes Chapter 744 governs the entire guardianship process.

The court then appoints a three-member examining committee to evaluate the AIP and provide recommendations regarding incapacity. A separate attorney is appointed to represent the AIP’s interests. If the court finds the person incapacitated after a hearing, it may appoint a guardian.

But what if you believe the wrong person is being appointed as guardian? Or that your loved one does not require a guardian at all? That’s where legal remedies come into play.

Legal Grounds to Challenge a Guardianship Appointment

Florida law allows family members or other interested parties to challenge various aspects of a guardianship proceeding. Some of the most common concerns include:

  • The person nominated or appointed as guardian is unfit
  • The alleged incapacitated person is not truly incapacitated
  • The guardian has a conflict of interest
  • The guardian is abusing or neglecting their authority
  • The appointment process was procedurally flawed

Florida Statute §744.312 gives the court broad authority to consider petitions from any interested person regarding the suitability of a guardian. If you have credible evidence that your loved one is not being protected or that their rights are being violated, you have the legal standing to act.

Objecting to the Appointment of a Guardian

If the court has not yet appointed a guardian and you have concerns about a proposed appointment, you can file an objection before the hearing. Florida law permits interested persons to submit written objections and appear at the incapacity hearing. You may present evidence or testimony to show why the guardianship is unnecessary or why another individual would be a better fit.

In many cases, a family member may argue that a less restrictive alternative is available, such as:

  • A valid durable power of attorney
  • A health care surrogate designation
  • A trust or other advanced planning document

The court must consider whether a less restrictive means is available before appointing a guardian. This is an important tool for those who believe the guardianship petition is premature or unnecessary.

Removing or Replacing a Guardian

If a guardian has already been appointed, but you believe they are not acting in the best interests of the ward, you can file a petition under Florida Statute §744.474 to seek removal. Common reasons include:

  • Abuse, neglect, or exploitation of the ward
  • Mismanagement of assets or failure to account
  • Failure to comply with court orders
  • Conflict of interest or hostility toward family members

The court may remove the guardian and appoint someone else if it finds that removal is in the best interests of the ward. In some cases, a temporary guardian may be appointed while allegations are investigated.

Requesting an Independent Investigation

Family members may also request an investigation by a court monitor. Under Florida Statute §744.107, a judge can appoint a monitor to investigate the conduct of a guardian if someone submits a verified complaint. This is often used when financial mismanagement, emotional abuse, or isolation of the ward is suspected.

The monitor will file a report with the court, and if serious violations are found, the court may take action, including removing the guardian, imposing sanctions, or referring the case to law enforcement.

Filing for Restoration of Rights

In some cases, a guardianship may have been appropriate at the time of appointment but is no longer necessary. Florida law allows interested parties to petition for restoration of capacity if the ward has recovered the ability to manage some or all of their affairs.

This process involves obtaining updated medical evaluations and presenting evidence to the court. The guardian’s authority may be reduced or terminated entirely if the judge finds restoration is appropriate.

The Importance of Legal Representation

Whether you’re trying to stop a proposed guardianship, remove an unfit guardian, or ensure that your loved one’s voice is heard, you need a legal advocate who understands both the law and the human side of these cases.

As an Orlando Guardianship Attorney, I help people from all walks of life, including:

  • Children concerned about a parent’s care
  • Spouses with financial concerns
  • Siblings disputing a proposed guardian
  • Friends or caregivers with legitimate worries about mistreatment

I also represent guardians who have been wrongly accused and need to defend their conduct.

Every guardianship case is different, and emotions often run high. The legal process requires a careful, respectful approach to ensure your concerns are heard without making things worse. If you’re ready to take legal action or simply want to understand your options, call me at 1-888-640-2999 to schedule a consultation.

Frequently Asked Questions

What if I believe my sibling is unfit to be a guardian for our parent?

If you believe your sibling is not acting in your parent’s best interest or has a financial or emotional conflict, you have the right to object to their appointment or seek their removal. You must present evidence and follow the formal court procedures. The court’s primary focus is on the best interests of the ward.

Can multiple family members petition to be the guardian?

Yes. Florida courts allow multiple family members to express interest in serving as guardian. If more than one person applies, the court will review each candidate’s qualifications, relationship to the ward, potential conflicts of interest, and ability to serve. The court has full discretion to choose the most appropriate guardian.

Can I object to a guardianship before it’s even appointed?

Yes. If a petition for guardianship has been filed and you have concerns, you can file a written objection and appear at the hearing. You can also provide alternative planning documents, like a power of attorney or healthcare surrogate, to show that a guardianship isn’t needed.

What happens if a guardian is misusing funds?

If you suspect a guardian is mismanaging money or abusing their authority, you can file a petition to remove them or request that the court appoint a monitor. Florida law takes financial abuse seriously, and guardians are legally required to account for every dollar spent from the ward’s estate.

Can a guardianship be modified or limited?

Yes. Guardianships can be tailored to match the ward’s actual needs. For example, a person may need help with finances but still be capable of making medical decisions. Family members can request a limited guardianship, or petition to modify an existing one, with appropriate medical evidence.

What if the person under guardianship gets better?

If the ward’s condition improves and they regain capacity, the court can restore some or all of their rights. A petition for restoration can be filed by the guardian or any interested party. Medical evaluations are usually required to support the request.

Do I need a lawyer to contest a guardianship in Florida?

Yes. Guardianship law is highly procedural and emotionally sensitive. Whether you’re seeking to intervene or protect yourself from a false accusation, it’s important to work with someone who understands the Florida court system and can effectively represent your interests.

How do I schedule a consultation with your office?

Call my office at 1-888-640-2999 to schedule a consultation. I represent clients throughout Orange County and can give you specific legal advice based on your situation. I do not offer free consultations, but I do offer meaningful guidance and representation for those who want to protect their loved ones and their rights.

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

If you’re concerned about a guardianship appointment in Florida and need legal guidance on how to protect your loved one or challenge a guardian, take the first step today.

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How Courts Decide Guardianship Cases When There Are Disputes in Florida

How Courts Decide Guardianship Cases When There Are Disputes in Florida.

Understanding the Legal Process When Family Members Disagree About Who Should Be Guardian

Orlando is a growing community where families face many of the same difficult decisions seen across Florida. One of the most emotionally charged and legally complex situations is when a family cannot agree on who should be appointed guardian for a loved one. As a Guardianship Attorney in Orlando, I have seen both sides of this situation—concerned relatives who want to ensure a parent or vulnerable adult is protected, and others who fear their loved one’s rights or finances could be mismanaged. These disagreements can turn into contested legal battles that end up in court.

My name is Beryl Thompson-McClary, and I assist clients throughout Orange County, Florida, in resolving these disputes with both legal clarity and compassion. If you are involved in a contested guardianship matter, or suspect that one is coming, you need solid legal representation from someone who understands how the Florida courts make these decisions. Call me at 1-888-640-2999 to schedule a consultation so we can talk about your case and your concerns.

When Guardianship Becomes Contested

Under Florida law, guardianship is meant to protect individuals who cannot make important decisions for themselves due to incapacity. This includes seniors with dementia, adults with intellectual disabilities, and others with serious medical or cognitive conditions. But while the goal is to protect the vulnerable person, the question of who should be appointed as guardian is not always simple.

Disputes arise for several reasons:

  • More than one family member wants to serve as guardian.
  • There is concern that a proposed guardian is not acting in the ward’s best interests.
  • The proposed guardian has a history of financial mismanagement or strained relationships.
  • Family members disagree on the ward’s level of capacity.

These cases are governed by Chapter 744 of the Florida Statutes, which outlines how a court determines incapacity, who can serve as guardian, and what happens when there is disagreement.

The Legal Standard for Appointing a Guardian in Florida

Before a guardian is ever appointed, the court must first determine that the person is indeed incapacitated. This is a formal legal process. A petition must be filed with the court, followed by the appointment of a three-member examining committee, which typically includes at least one medical professional. The committee evaluates the person’s ability to manage both personal and financial matters.

Under Fla. Stat. §744.331, the court will hold an incapacity hearing where the examining committee’s findings are presented. The person alleged to be incapacitated (the proposed ward) is entitled to legal representation and can contest the proceedings. If the court finds that the person lacks the capacity to care for themselves, it will appoint a guardian.

When more than one person petitions to serve as guardian, or when someone objects to a proposed guardian, the court must evaluate each petitioner and choose based on the best interests of the ward.

How the Court Chooses Between Competing Guardianship Petitions

Florida law provides a list of preferences but also gives the court significant discretion. The court is not bound to pick the first petitioner. It will consider a range of factors, including:

  • The petitioner’s relationship to the ward
  • Any history of abuse, neglect, or financial misconduct
  • Criminal background and credit history
  • Ability to manage complex financial and health care decisions
  • The expressed wishes of the ward (if known)

The court may also consider whether one party is better suited due to proximity, availability, or relevant experience.

If family members cannot agree and the court finds all proposed guardians unsuitable, it may appoint a neutral third party or a professional guardian. Under Fla. Stat. §744.312, professional guardians must meet specific training and registration requirements.

Disputes Often Involve Financial Control and Emotional Tension

It’s important to understand that contested guardianship cases are not always about greed. Sometimes they involve longstanding family tensions, different perceptions of what’s best, or sincere fears that another family member will misuse funds or isolate the ward.

I’ve worked with clients who were genuinely concerned for their parent’s well-being, and I’ve also seen cases where people used guardianship as a tool to gain control over money or cut others out of the decision-making process. That’s why it is so important to come to court prepared with evidence, not just emotion.

The Role of Mediation in Contested Guardianship Cases

Florida courts strongly encourage mediation in family disputes, including contested guardianships. Mediation gives all parties a chance to discuss the issues with a neutral facilitator. It can lead to agreements on limited guardianships, shared responsibilities, or appointment of a neutral guardian.

While mediation can help reduce legal costs and family friction, it’s not always successful. If parties cannot agree, the court will ultimately decide who is appointed as guardian.

What the Judge Looks for in a Contested Guardianship Case

In every guardianship case, the court’s main concern is the best interest of the ward. Judges are not interested in family drama—they are focused on evidence.

You need to be prepared to demonstrate:

  • The incapacity of the proposed ward (through evaluations and documentation)
  • Your ability to responsibly fulfill the guardian’s duties
  • Any misconduct or unfitness of another proposed guardian (with proof)

Your testimony, as well as the testimony of physicians, caregivers, and family members, can make or break your petition.

If you’re opposing someone else’s petition for guardianship, it’s important to do more than object—you need to show the court why that person is unfit and offer an alternative plan that protects the ward.

Why Legal Representation Matters

Contested guardianship cases can quickly become overwhelming. These cases involve court hearings, medical records, legal filings, and emotional family dynamics. Whether you are seeking to be appointed guardian or defending yourself against allegations of unfitness, I can help you build a strong, clear case.

I handle guardianship disputes throughout Orange County, Florida. When you call my office at 1-888-640-2999, I’ll take the time to understand your family history, your concerns, and the details that will matter to the judge. Together, we can protect your loved one and bring clarity to a difficult situation.

Frequently Asked Questions

What happens if more than one person files to be a guardian?

The court will review both petitions and decide who is best suited to serve. The judge looks at each person’s background, their relationship to the ward, their ability to handle responsibilities, and any concerns raised about their conduct. It is not a popularity contest—the court’s job is to protect the ward.

Does the ward have a say in who becomes their guardian?

Yes. If the ward is capable of expressing a preference, the court will take that into account. However, if the court finds that the person lacks the capacity to make an informed decision, the judge will rely more on evidence and testimony from others involved.

Can a professional guardian be appointed if family members disagree?

Yes. If family members are unable to agree or if all family petitioners are found unfit or unqualified, the court may appoint a neutral professional guardian. These individuals are regulated by the state and must meet certain criteria, including passing background checks and completing guardianship training.

What should I do if I believe a proposed guardian is unfit?

If you have evidence that a proposed guardian has a criminal history, a history of substance abuse, financial mismanagement, or elder abuse, you should present that to the court. This can be done through affidavits, records, or testimony at the guardianship hearing.

Can guardianship be shared between family members?

Yes. In some cases, the court may appoint co-guardians. This arrangement can work well when both parties are cooperative and committed to the ward’s best interests. However, it can also lead to further disputes if the co-guardians don’t agree on important decisions.

What if the current guardian is not doing a good job?

If you believe a guardian is mismanaging funds, isolating the ward, or failing to provide adequate care, you can file a petition with the court to review or remove the guardian. Florida law allows for removal of a guardian under Fla. Stat. §744.474 if there is evidence of misconduct or failure to perform required duties.

How long does a contested guardianship case take?

The timeline can vary depending on the complexity of the case, how much evidence needs to be presented, and whether mediation is successful. Some cases can be resolved in a few months, while others may take longer if multiple hearings are needed.

Do I need an attorney for a contested guardianship?

Absolutely. These cases involve complicated legal and procedural rules, and the stakes are high. Whether you’re trying to protect a loved one or defend yourself against false claims, having an experienced Orlando Guardianship Attorney can make all the difference.

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

If you are involved in a contested guardianship case—whether you’re seeking to be appointed as guardian or challenging someone else’s petition—you deserve experienced legal guidance from someone who knows how Florida courts handle these complex situations. I’ve helped families on both sides of guardianship disputes protect their loved ones while respecting the law and each other.

Let’s talk about your situation and what steps we can take to protect the person at the center of it all.

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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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