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.

,

When a Guardian Needs Court Approval for Financial Decisions

When a Guardian Needs Court Approval for Financial Decisions

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

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

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

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

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

Guardianship and the Need for Court Oversight in Florida

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

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

Common Financial Decisions That Require Court Approval

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

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

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

What the Statute Actually Says

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

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

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

Why the Court Requires Approval

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

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

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

Representing Guardians and Concerned Family Members

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

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

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

What Happens If a Guardian Fails to Seek Court Approval?

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

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

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

Court Hearings and Petitions: What to Expect

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

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

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

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

Get Answers Before Taking Financial Action

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

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

Florida Guardianship Frequently Asked Questions

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

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

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

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

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

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

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

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

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

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

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

/by
,

How to Establish a Limited Financial Guardianship in Florida

How to Establish a Limited Financial Guardianship in Florida

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

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

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

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

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

What Is a Limited Financial Guardianship Under Florida Law?

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

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

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

When Is a Limited Financial Guardianship Appropriate?

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

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

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

The Legal Process for Establishing a Limited Financial Guardianship

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

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

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

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

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

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

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

But the guardian may not:

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

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

Contesting or Modifying a Limited Financial Guardianship

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

Florida law allows for:

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

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

Why These Cases Require an Experienced Attorney

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

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

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

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

Florida Limited Financial Guardianship Frequently Asked Questions

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

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

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

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

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

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

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

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

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

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

/by
,

Guardianship and Estate Planning: What You Should Consider

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

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

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

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

Why Guardianship Matters in the Context of Estate Planning

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

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

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

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

Legal Tools That Can Help You Avoid Guardianship

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

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

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

When Guardianship Becomes Necessary Despite Planning

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

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

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

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

The Role of the Guardian and the Impact on the Estate

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

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

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

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

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

Guardianship Planning for Special Needs Adults

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

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

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

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

Estate Planning for People Already Under Guardianship

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

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

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

Common Misunderstandings

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

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

Florida Estate Planning With Guardianship Frequently Asked Questions

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

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

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

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

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

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

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

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

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

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

/by
,

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

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

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

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

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

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

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

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

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

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

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

What Must Be Included in a Florida Annual Accounting?

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

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

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

Levels of Accounting in Florida Guardianship Cases

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

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

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

Filing Procedure: Step-by-Step Overview

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

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

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

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

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

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

The Role of the Court and Professional Reviewers

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

Can You Do This Without an Attorney?

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

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

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

Florida Guardianship Frequently Asked Questions

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

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

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

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

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

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

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

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

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

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

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

/by
,

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

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

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

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

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

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

Understanding Financial Misuse in Guardianship Cases

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

Misuse of a ward’s finances can include:

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

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

What Florida Law Requires of Guardians

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

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

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

If You Suspect Financial Misuse

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

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

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

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

If You Are a Guardian Accused of Misusing Funds

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

False or exaggerated claims may stem from:

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

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

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

The Role of the Court and Oversight Procedures

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

Key protections include:

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

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

Possible Outcomes in Financial Misuse Cases

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

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

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

Why These Cases Require an Experienced Guardianship Attorney in Orlando

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

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

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

Misusing A Ward’s Funds in Florida Frequently Asked Questions

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

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

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

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

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

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

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

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

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

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

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

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

/by
,

Florida Laws on Guardianship and Financial Fraud Prevention

Florida Laws on Guardianship and Financial Fraud Prevention

Understanding the Legal Protections Against Financial Abuse in Florida Guardianship Cases

In Orlando, guardianship proceedings can be emotionally and financially significant—especially when questions of financial fraud arise. Whether you’re trying to protect a vulnerable loved one from being exploited or you’re a guardian facing unfair accusations, the law offers strong but complicated protections. My name is Beryl Thompson-McClary, and as a Guardianship Attorney in Orlando, I represent families across Orange County in some of the most delicate and high-stakes guardianship matters involving financial control and accountability.

One of the most common and sensitive concerns people bring to me is: how do Florida’s guardianship laws prevent financial abuse? Whether the concern is about a guardian potentially mismanaging funds or an outsider trying to exploit someone under guardianship, these cases require quick action, attention to detail, and a deep understanding of Florida’s guardianship statutes.

If you’re involved in a guardianship case and financial concerns are part of the equation, I encourage you to call my office at 1-888-640-2999 to schedule a consultation. I represent both petitioners and respondents in guardianship matters throughout Orlando and the broader Orange County area.

Guardianship and the Risk of Financial Abuse

Financial exploitation is one of the leading reasons guardianship is sought in Florida. It might be a vulnerable adult with cognitive impairment, an elderly parent manipulated by a caregiver, or a developmentally disabled adult with inherited assets. Guardianship can offer legal protection—but if misused, it can also become a tool for exploitation.

Florida’s legislature has developed a comprehensive legal structure to protect incapacitated individuals from this type of harm, placing checks and balances on anyone handling another person’s money. These protections apply both during the guardianship petition process and once a guardian is appointed.

Statutory Authority: What Florida Law Says

The framework for Florida’s guardianship process is outlined in Chapter 744 of the Florida Statutes. The law imposes strict fiduciary responsibilities on any guardian handling the financial affairs of a ward.

Under Fla. Stat. § 744.361, guardians must act in good faith and solely in the ward’s best interest. The guardian must avoid self-dealing, misappropriation of funds, or any activity that benefits them more than the ward.

Florida law further protects wards by requiring:

  • An Initial Inventory of all known assets within 60 days of appointment (Fla. Stat. § 744.365)
  • Annual Accountings of financial activity (Fla. Stat. § 744.367)
  • Court approval for major financial actions (Fla. Stat. § 744.441)

These requirements create transparency and allow the court to monitor how the guardian is using the ward’s funds.

Access Alone Doesn’t Equal Unlimited Power

Being a guardian of the property doesn’t mean unlimited authority. If you’ve been appointed, you are required to manage assets prudently, maintain accurate records, and request permission before making substantial changes, such as:

  • Selling real estate
  • Gifting funds
  • Making loans
  • Moving assets into trusts

Each of these actions requires a formal motion and the court’s approval under Florida law. If you’re a family member concerned about how a guardian is managing a loved one’s finances, you have the right to review these filings and request judicial oversight.

Guardian Misconduct and Financial Fraud

Unfortunately, there are cases where guardians abuse their authority. In some instances, guardians are caught withdrawing cash for personal use, altering asset titles, or failing to pay for the ward’s basic needs. When this happens, legal remedies are available.

Under Fla. Stat. § 744.474, any interested person—such as a child, sibling, or spouse—can petition the court to:

  • Investigate financial mismanagement
  • Compel the guardian to provide records
  • Remove the guardian
  • Seek repayment of funds
  • Refer the case for criminal investigation

As an Orlando Guardianship Attorney, I’ve handled both sides of these cases. I’ve represented families taking action against financial abuse, and I’ve also defended guardians falsely accused of misconduct. These are complex disputes that require careful legal attention to ensure the court gets the full picture.

How Florida Courts Prevent Guardianship Fraud

The legal system in Florida is designed to identify and respond to financial fraud quickly. That’s why courts appoint court monitors, examining committees, and even auditors in questionable cases. A judge may require forensic accounting or temporarily suspend a guardian’s powers while an investigation is conducted.

Florida also allows for emergency temporary guardianship when financial exploitation is imminent. If a court believes assets are at risk, it can appoint a temporary guardian under Fla. Stat. § 744.3031 to prevent further harm—even before a full hearing.

I’ve seen these measures used effectively in Orange County courts to freeze accounts, stop fraudulent transactions, and protect estates from being wiped out. But these actions must be pursued strategically and in compliance with procedural rules.

Financial Abuse by Third Parties

Not all guardianship fraud originates from the guardian. In some cases, the threat is from caregivers, relatives, or neighbors who exploit the ward before or during the guardianship process.

For example:

  • Cashing checks under false pretenses
  • Coercing changes to wills or account beneficiaries
  • Exploiting power of attorney privileges before guardianship is established

Under Fla. Stat. § 415.1111, financial exploitation of vulnerable adults is considered a civil offense, and victims—or their legal representatives—may seek damages through the courts. Guardians can play a key role in initiating these claims.

I assist families who suspect exploitation occurred prior to the guardianship and take appropriate legal action, including reporting to Florida’s Adult Protective Services or filing suit to recover stolen funds.

Criminal Penalties for Guardianship Fraud

Financial fraud in a guardianship context can also lead to criminal prosecution. Under Fla. Stat. § 825.103, exploitation of an elderly person or disabled adult is a felony in Florida. If a guardian willfully misuses funds, falsifies accounting reports, or hides transactions, they could face:

  • First-degree felony charges (if the funds exceed $50,000)
  • Prison time
  • Fines
  • Permanent disqualification from serving as a guardian

The courts may also refer a case to the State Attorney’s Office or a regulatory agency like the Florida Department of Elder Affairs.

Ensuring Proper Guardian Behavior Through Legal Strategy

If you’re a guardian, I can help you stay compliant by:

  • Preparing initial inventories and accounting reports
  • Seeking court approval for financial actions
  • Structuring transactions to protect the ward and meet legal standards

If you’re concerned about a guardian or seeking to replace one, I can prepare the necessary petitions, gather evidence, and bring the matter before the court.

Whether you’re trying to prevent abuse or facing allegations of misconduct, the best thing you can do is hire a qualified attorney who handles guardianship law every day. These cases are fact-intensive and demand an understanding of both the law and the court system.

Florida Guardianship Frequently Asked Questions

Can anyone access a ward’s money once a guardian is appointed?
No. Only a guardian of the property or plenary guardian appointed by a Florida court can lawfully access a ward’s funds. Even then, their actions are restricted by Florida statutes and subject to ongoing court supervision. Unauthorized access by others could result in civil or criminal penalties.

What steps does a guardian have to take before spending a ward’s money?
Routine living expenses—rent, utilities, groceries, medical care—can generally be paid without prior court approval. But anything outside of day-to-day needs often requires a petition and judicial permission, especially when large amounts or real estate transactions are involved. Every dollar must be accounted for in court filings.

What can I do if I believe a guardian is stealing money?
You can file a petition with the court under Florida guardianship law requesting an investigation. You may also request copies of all reports and bank records, and ask the court to appoint a monitor or forensic accountant. If fraud is uncovered, the court can remove the guardian, order restitution, and refer the case for prosecution.

Are annual accountings required in every guardianship case?
Yes, unless the court specifically waives the requirement for limited guardianships or in other rare situations. Most guardians of the property must file an annual accounting, which details every financial transaction for the previous year. This ensures ongoing transparency and protection for the ward.

Can I be held personally liable as a guardian if funds are mishandled?
Yes. Florida law holds guardians to a high fiduciary standard. If you misuse funds—intentionally or through negligence—you may be required to repay the ward or even face criminal charges. Working closely with an attorney helps prevent costly legal mistakes and protects you from liability.

What happens if financial exploitation occurred before the guardianship was established?
Once appointed, the guardian can petition the court to recover lost funds. This may involve civil litigation against the exploiter or reporting the abuse to Florida Adult Protective Services. In many cases, law enforcement may also investigate if criminal activity is suspected.

Is there any oversight of professional guardians in Florida?
Yes. Professional guardians must be registered with the Statewide Public Guardianship Office and meet education and reporting requirements. They are also subject to audits and disciplinary action. Concerns about a professional guardian can be reported to the court and state agencies.

What’s the difference between financial mismanagement and fraud?
Mismanagement may involve poor recordkeeping or questionable decisions that, while not criminal, fall short of fiduciary expectations. Fraud involves intentional misconduct—stealing, lying, or manipulating financial documents. Both can lead to legal action, but fraud carries steeper penalties under Florida law.

If you are facing a guardianship case involving financial concerns—whether you’re a concerned family member, a petitioner, or an existing guardian—you need trusted legal advice to protect yourself and your loved one. These are high-stakes matters that deserve serious attention.

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

Let’s work together to safeguard what matters most.

/by
,

Understanding Financial Guardianships in Florida: Protecting Vulnerable Adults and Their Assets

Understanding Financial Guardianships in Florida

What Families Need to Know About Guardianship Proceedings, Responsibilities, and Legal Risks in Florida

Helping Families Protect the Ones They Love in Orlando and Throughout Orange County

Living and working in Orlando means being part of a vibrant, diverse community where families face unique legal challenges every day. One of the most emotionally charged legal decisions people face is whether to seek a financial guardianship for a loved one. As an Orlando Guardianship Attorney, I’ve guided families through some of the most delicate and high-stakes financial guardianship cases across Orange County and the surrounding region. Whether you’re considering filing for guardianship or you’ve been served legal papers notifying you of a petition, I can help you understand what’s at stake, what Florida law requires, and how to protect both the vulnerable person and your legal interests.

If you’re facing a guardianship issue, it’s important that you don’t wait. Call my office today to schedule a consultation at 1-888-640-2999. I do not offer free consultations, but I do offer straight answers, seasoned legal judgment, and strong representation in complex Florida guardianship matters.

What Is a Financial Guardianship in Florida?

A financial guardianship—formally known in Florida as a “guardian of the property”—is a court-authorized arrangement in which one person is appointed to manage the financial affairs of another person who has been deemed legally incapacitated. The incapacitated person is referred to as the ward. As a Guardianship Attorney in Orlando, I represent both petitioners (those seeking guardianship) and respondents (those contesting it), and I can tell you—this legal process carries profound consequences.

Under Florida Statute §744.102(9), a “guardian” is a person who has been appointed by the court to act on behalf of a ward’s person, property, or both. A guardian of the property specifically manages the ward’s income, bank accounts, investments, personal property, and real estate.

Some typical situations where this type of guardianship may be necessary include:

  • An elderly parent with dementia who is vulnerable to financial exploitation
  • A disabled adult child who cannot manage money on their own
  • A stroke victim who has lost cognitive function
  • A person who has been defrauded due to diminished capacity

When Is Financial Guardianship Necessary?

Florida law requires clear and convincing evidence that the person is incapable of managing their property. This determination is not made lightly. A court will usually appoint a three-member examining committee, as described under Florida Statute §744.331, to evaluate the alleged incapacitated person and report back to the judge.

Financial guardianship becomes appropriate when:

  • The individual cannot understand or manage their income or bills
  • They are being exploited or have suffered financial losses due to scams
  • There is no valid Power of Attorney in place
  • Family members are in conflict over how to manage the person’s affairs

Sometimes guardianship is sought with good intentions but isn’t legally justified. I often represent adult children who are being unfairly targeted in guardianship proceedings, or aging parents who still have capacity but are being pressured to relinquish control. In other situations, I help families seek urgent guardianship to prevent serious financial loss.

Legal Requirements and Florida Statutes Governing Guardianships

Once a person is found to be legally incapacitated, the court will look at the specific needs of the ward. If the person is unable to manage finances but can still handle personal decisions (such as where they live or who they associate with), the court may only appoint a guardian of the property and not a guardian of the person.

Here are some of the key Florida statutes involved:

  • §744.102(12): Defines a ward as a person for whom a guardian has been appointed.
  • §744.312: Outlines the court’s discretion in choosing a guardian and the importance of acting in the ward’s best interest.
  • §744.441: Provides a list of financial actions a guardian must seek court approval for—such as selling property, investing assets, or entering contracts.
  • §744.361: Outlines a guardian’s legal duties, including the duty to act in good faith, avoid self-dealing, and file required reports.

These rules exist to protect the ward, but also place a heavy burden on the guardian. That’s why you need strong legal representation whether you are seeking to become a guardian or defending against the petition.

The Responsibilities of a Financial Guardian

Once appointed, the guardian must:

  • Inventory all assets of the ward and report them to the court
  • Create a financial management plan within 60 days of appointment
  • File annual accountings to show income, expenses, and investments
  • Seek court approval before selling or mortgaging real estate
  • Avoid conflicts of interest or using the ward’s money for personal benefit

A guardian has what’s called a fiduciary duty—meaning they must act in the ward’s best financial interest at all times. The guardian must also be bonded (insured) and may need to take financial literacy training. Violations of fiduciary duty can lead to court sanctions, removal, or even civil liability.

Contested Guardianship Cases

Controversy is not uncommon in guardianship matters. A sibling may claim another family member is mishandling funds. An aging parent may insist they don’t need help. Sometimes a guardian is appointed and then turns out to be untrustworthy.

As an Orlando Guardianship Attorney, I handle contested matters in both directions:

  • I represent clients trying to establish guardianship over loved ones in legitimate need
  • I defend individuals accused of lacking capacity or mismanaging another’s money

Guardianship litigation is complex and emotionally intense. If you’ve been served with legal papers or suspect abuse of power by an existing guardian, contact my office at 1-888-640-2999 immediately.

What Are the Ramifications of a Financial Guardianship?

Once a guardian is appointed, the ward loses the legal right to:

  • Control their own money
  • Make financial transactions independently
  • Sign contracts
  • Manage bank accounts or property

That’s why Florida law requires clear proof that less restrictive alternatives—like powers of attorney or trusts—won’t work. In many cases, I help families avoid guardianship by establishing comprehensive estate plans or advocating for more limited court intervention.

Guardianship can be reversed or modified if circumstances change, but it takes legal action. Whether you’re seeking guardianship or trying to oppose it, it’s crucial to work with an attorney who understands both the legal mechanics and the emotional impact these cases have on families.

Frequently Asked Questions About Financial Guardianships in Florida

What’s the difference between a guardian of the person and a guardian of the property?

A guardian of the person is responsible for personal, non-financial decisions like healthcare and living arrangements. A guardian of the property only manages financial matters. In some cases, the same person is appointed to both roles, but they are legally distinct under Florida law.

Do I need an attorney to file for guardianship in Florida?

Yes, guardianship proceedings are handled in circuit court and require strict compliance with Florida’s guardianship statutes. Errors can result in delays, denial of your petition, or legal liability. Working with an experienced guardianship attorney in Orlando is essential.

Can the court appoint someone I don’t want as guardian?

If you don’t act quickly, the court can appoint a professional guardian or someone you wouldn’t choose. The court’s priority is the ward’s best interest, but it will consider prior estate plans, family preferences, and suitability. You can object to a proposed guardian, but you’ll need to present strong evidence.

How long does it take to obtain financial guardianship in Florida?

It depends on the complexity of the case. Emergency temporary guardianships can be granted within days, while full guardianship cases may take weeks or months due to evaluations, reports, and hearings. I help clients prepare thoroughly so that delays and disputes are minimized.

Can a financial guardianship be terminated?

Yes. If the ward regains capacity or if less restrictive alternatives become viable, the court may terminate or reduce the guardianship. The ward, a family member, or the guardian themselves can file a petition requesting modification. Medical evaluations are usually required to support the request.

What are the ongoing responsibilities after being appointed guardian?

You’ll need to inventory all the ward’s assets, file financial plans, submit annual accountings, and request court approval for major financial actions. Guardians who fail to comply with these duties may be fined, removed, or held personally liable. I offer legal support for guardians needing help with compliance and reporting.

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

If you believe someone you love needs a financial guardian—or if you’re being impacted by an unwanted guardianship—don’t wait to take action. I handle guardianship matters throughout Orange County and the greater Orlando area. I represent both petitioners and respondents and will give your case the attention and clarity it deserves.

Call my office at 1-888-640-2999 to schedule your consultation. While I do not offer free consultations, I do offer personalized legal strategy backed by years of real courtroom experience. Let’s protect what matters most—together.

/by
,

How to Protect Assets Through a Guardianship Arrangement in Florida

How to Protect Assets Through a Guardianship Arrangement in Florida

Understanding Legal Strategies for Financial Protection With Help From an Orlando Guardianship Attorney

If you’re in Orlando or anywhere in Orange County and have questions about how to legally protect assets through a guardianship, I can help. I’m Attorney Beryl Thompson-McClary, and I’ve guided families, caretakers, and concerned professionals through these legal decisions for years. Whether you’re worried about a vulnerable loved one losing control of their finances or you’re facing allegations involving asset mismanagement, it’s important to understand your rights and responsibilities under Florida law. To schedule a consultation, call my office today at 1-888-640-2999.

The Importance of Guardianship in Orlando

Orlando is home to families from all walks of life, and many of the clients who contact my office are either caring for an elderly parent with diminished capacity or parenting an adult child with special needs. When someone can no longer manage their personal or financial affairs safely, the law allows for the appointment of a guardian to step in and provide that protection. A properly established guardianship doesn’t just secure healthcare decisions—it also plays a critical role in protecting assets.

As an Orlando Guardianship Attorney, I’ve helped clients across Orange County create lawful guardianship arrangements that defend vulnerable individuals from financial abuse, exploitation, and neglect. I’ve also represented individuals who’ve been unfairly accused of mismanaging funds and need to defend their decisions before the court.

Understanding how guardianship intersects with asset protection is key to preserving someone’s dignity, their property, and their future.

Defining Guardianship and Its Asset-Related Functions

Under Florida Statute §744.102(9), a guardian is “a person who has been appointed by the court to act on behalf of a ward’s person or property, or both.” The ward, in these cases, is the individual who has been legally determined to lack the capacity to manage some or all areas of their life.

Guardianship may be limited or plenary. A limited guardianship only grants certain rights to the guardian, while a plenary guardianship removes nearly all rights from the ward and grants them to the guardian. When asset protection is the focus, the court will look closely at what the individual can and cannot manage and whether a guardian of the property is necessary.

There are several types of guardianships in Florida:

  • Guardian of the person
  • Guardian of the property
  • Guardian advocacy (for developmentally disabled adults)
  • Limited or plenary guardian
  • Standby or preneed guardian

For financial protection, the guardian of the property is most relevant.

How a Guardianship Protects Assets

Guardianship of the property gives legal authority to manage the ward’s income, accounts, investments, debts, and any real estate they may own. This includes:

  • Paying the ward’s bills and taxes
  • Preserving assets from unnecessary liquidation
  • Filing legal claims or defending against lawsuits
  • Managing retirement accounts, real estate, and financial portfolios
  • Preventing financial abuse by caregivers or third parties
  • Gaining court approval before making major financial moves

All guardians of the property must be bonded and file an Initial Inventory and Annual Accounting as required by Florida Statutes §744.365 and §744.367. This mandatory oversight helps ensure that the guardian is not misusing or dissipating the ward’s assets.

Florida Statutes Governing Asset Protection Through Guardianship

Here’s what the law says about some of the most common issues involving guardianship and asset control in Florida:

  • Florida Statute §744.446: This statute sets strict fiduciary duties. A guardian must act in good faith and in the ward’s best interest. Self-dealing, commingling of funds, or using the ward’s assets for personal benefit can result in removal and civil liability.
  • Florida Statute §744.441: This outlines what actions require court approval, including the sale of real property, making gifts, or borrowing against the ward’s property.
  • Florida Statute §744.312: This addresses who can be appointed as a guardian. A convicted felon or someone with a financial conflict of interest is generally not permitted to serve unless the court determines otherwise in exceptional circumstances.
  • Florida Statute §744.3678: Requires annual reports detailing how the ward’s property is being managed. Courts are required to review and investigate inconsistencies.

Scenarios Where Guardianship Protects Financial Well-Being

I’ve seen many situations where guardianship is not just helpful—it’s absolutely necessary. Here are a few examples:

Elderly Parent With Cognitive Decline
An aging parent begins making erratic financial decisions, wiring large sums to online scammers or neglecting to pay bills. A guardianship allows an adult child or responsible party to step in legally to freeze inappropriate transactions and preserve assets.

Adult With Special Needs Turning 18
Once a child turns 18 in Florida, their parents no longer have the legal authority to manage their finances. A guardianship—usually through the Guardian Advocacy process—can be used to safeguard SSI, Medicaid benefits, and any inheritance or trust funds the adult child may have access to.

Guardianship to Prevent Undue Influence
In some cases, unscrupulous caregivers or distant relatives gain the trust of a vulnerable adult and attempt to coerce asset transfers or property changes. A guardianship can prevent power-of-attorney abuse and help return improperly taken assets.

Protecting the Ward from Financial Exploitation

Financial exploitation is one of the most common reasons families turn to my office for help. Once a guardianship is established, any person—including family—who tries to take advantage of the ward may face both civil and criminal penalties.

If I represent a guardian, I help ensure strict compliance with all required filings and provide legal guidance for any financial transactions needing court approval. If I represent someone contesting the actions of a guardian, I help file objections and request judicial review under Florida Statute §744.369(6).

When Guardianship is Contested

Not every case is clear-cut. Sometimes, family members disagree about who should serve as guardian or whether guardianship is even needed. If someone believes a loved one still has capacity, they can request an independent evaluation. Other times, siblings may suspect a guardian is misusing funds. In both cases, I work to protect the best interest of the ward while honoring all legal rights.

Whether you’re the petitioner seeking guardianship or the person facing a challenge, it’s critical to have legal guidance. The court won’t tolerate misuse of authority—and will intervene if guardianship has become abusive, unnecessary, or financially harmful.

Why Choose Me as Your Orlando Guardianship Attorney

As someone who has helped families throughout Orange County for decades, I understand that guardianship is often a last resort—but sometimes the only way to protect someone you love. I listen closely, respond quickly, and walk my clients through every step, from filing the petition to final hearings and annual reporting.

My background includes representing both petitioners and respondents, so I know the full scope of the legal challenges that come with these cases. If you need help pursuing or opposing a guardianship related to asset protection, I’m here to advise you with care and precision.

To schedule a consultation, call me at 1-888-640-2999. I handle guardianship matters across Orlando and throughout Orange County.

Frequently Asked Questions About Asset Protection and Guardianships in Florida

How does a guardianship protect against elder financial abuse?

A guardianship legally removes financial decision-making from a vulnerable adult and assigns it to a court-appointed guardian. The guardian is required to file annual accountings and seek court approval for major decisions, which helps prevent exploitation by family members, caregivers, or outsiders.

What’s the difference between a guardian of the property and a guardian of the person?

A guardian of the property is responsible for managing all financial matters on behalf of the ward. This includes bank accounts, real estate, investments, debts, and legal claims. A guardian of the person handles decisions about healthcare, housing, and daily care. One person can serve both roles, or the court can split them.

Can I be removed as a guardian if someone claims I mishandled funds?

Yes. Under Florida law, if the court determines that you failed to follow your fiduciary duties or misused assets, you can be removed, surcharged, and potentially referred for criminal prosecution. That’s why legal representation is so important to ensure every action is done by the book.

Does my loved one lose all rights under guardianship?

Not always. Florida courts are required to tailor guardianships to the specific needs of the ward. If someone can manage certain aspects of their life, such as voting or managing a small allowance, they may retain those rights. The goal is always to preserve as much autonomy as safely possible.

Is guardianship the only way to protect assets?

No. Sometimes a properly drafted durable power of attorney, trust, or joint account can avoid the need for guardianship. However, if the person lacks capacity to sign new documents or there is active exploitation occurring, guardianship may be the only option left.

What if I disagree with who the court appointed as guardian?

You have the right to file an objection and request a hearing. The court will consider your concerns and review whether the appointment was appropriate. You must show evidence that the appointed guardian is unfit, unwilling, or acting against the ward’s interests.

How long does guardianship last?

Guardianship lasts as long as the court determines the ward is incapacitated or until the guardian is removed or replaced. It can be permanent, or it may end if the ward regains capacity or passes away. All guardianships require periodic court oversight.

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

If you’re facing a guardianship issue involving asset protection—whether you’re seeking to safeguard a loved one’s finances or responding to concerns raised by others—your next steps matter. I’m here to help you understand your options, fulfill your legal obligations, and protect what matters most. Every guardianship case is personal, and every solution must be precise.

I represent clients throughout Orlando and all across Orange County in both contested and uncontested guardianship matters. Call my office today at 1-888-640-2999 to schedule a confidential consultation and get clear, experienced legal guidance tailored to your situation.

/by
,

Understanding the Guardian’s Role in Managing a Ward’s Financial Affairs in Florida

Understanding the Guardian’s Role in Managing a Ward’s Financial Affairs in Florida

How Guardians Handle Money Matters and Why It’s Critical to Work With a Trusted Orlando Guardianship Attorney

Living and working here in Orlando, I’ve represented families throughout Orange County for decades as a Guardianship Attorney. I’ve seen firsthand how emotional and complicated these cases can be—especially when a loved one can no longer manage their own financial affairs. Whether you’re seeking guardianship to help a parent who’s developed dementia or you’ve been appointed as guardian for an adult with special needs, the responsibility is immense.

When someone is declared incapacitated, Florida law gives the guardian the legal authority—and obligation—to act in the ward’s best interest. One of the most sensitive and heavily monitored areas of guardianship is financial management. Missteps can lead to court intervention, personal liability, or disputes between family members. This is why it’s crucial to work with a knowledgeable Orlando Guardianship Attorney like myself.

If you have questions about becoming a guardian or believe a current guardian may be mismanaging someone’s assets, I encourage you to call my office at 1-888-640-2999 to schedule a consultation. I represent clients throughout Orange County, and I’m here to help both those seeking to protect a loved one and those who have been accused of mishandling finances and need defense.

What Is a Guardian’s Financial Role Under Florida Law?

Once the court appoints you as guardian of the property, you step into a fiduciary role. This means you’re legally and ethically bound to act in the ward’s best financial interest. Florida Statute § 744.361 outlines the duties of a guardian and places specific responsibilities on guardians of property, including the obligation to:

  • Take possession of the ward’s property
  • Properly manage and invest assets
  • Use the assets exclusively for the benefit of the ward
  • Keep accurate and complete records
  • File annual accountings with the court

It doesn’t matter whether the ward is your adult child, aging parent, or someone you’ve never known before. Once the appointment is made, the law expects full compliance.

What Does It Mean to Act as a Fiduciary?

Fiduciary duty isn’t just a moral obligation—it’s a legal one. As a guardian, you cannot benefit from the ward’s property. You can’t co-mingle their assets with your own, and every dollar must be accounted for. I’ve seen people assume that being a parent or spouse gives them a certain level of latitude. That’s not how the court sees it.

Florida Statute § 744.446 specifically prohibits self-dealing or conflict of interest. If a guardian borrows money from the ward’s account, transfers property without court approval, or uses the ward’s assets inappropriately, the consequences are serious. The court can remove the guardian, order reimbursement, and even refer the matter to law enforcement.

Managing Income and Expenses: What’s Expected

As the guardian of property, you are responsible for collecting all sources of income—Social Security, pensions, investment income, business profits—and ensuring that bills are paid. You must establish a separate guardianship checking account, and every transaction must be traceable.

One of the most common problems I encounter is failing to maintain proper documentation. When I represent guardians, I make sure they understand their accounting duties right from the start. Every guardian in Florida must submit an Initial Inventory within 60 days of appointment under Fla. Stat. § 744.365(2), and then an annual accounting must follow under Fla. Stat. § 744.367.

This includes:

  • A list of all assets owned by the ward
  • Total income and expenditures
  • A summary of any changes to the ward’s financial condition
  • Bank statements and receipts for all transactions

The court reviews these documents closely. If anything is missing or unclear, it can delay proceedings or trigger an audit.

Investments and Property Management

Florida law allows guardians to invest the ward’s money, but only under a legal standard known as the “Prudent Investor Rule.” Florida Statute § 518.11 requires that you manage investments with reasonable care, skill, and caution. That means no risky stock picks, speculative ventures, or unverified crypto holdings.

If the ward owns rental properties, businesses, or valuable personal property, the guardian is expected to manage those responsibly. Sometimes, this involves hiring third-party professionals like realtors or financial advisors. Even then, the guardian must supervise those individuals and make sure their actions are in the ward’s best interest.

Selling the Ward’s Property

A guardian cannot sell real estate or valuable personal property without court approval. Florida Statute § 744.441(11) outlines that the court must first find the sale to be in the best interest of the ward. This is often a point of conflict within families. One sibling might believe the family home should be preserved; another sees it as a financial burden.

When I represent a guardian in this situation, I help gather the documentation and prepare the petition to demonstrate why the sale is necessary. When I represent someone opposing the sale, I make sure their voice is heard. Either way, the court relies heavily on legal advocacy to make its determination.

What Happens When Things Go Wrong

Mismanagement of a ward’s assets is a serious allegation. Whether you are a family member concerned about a guardian’s conduct or a guardian who’s been wrongly accused, you need legal counsel.

Florida Statute § 744.474 allows any interested person—including a relative or the ward themselves—to petition the court for removal of a guardian. The petition must include specific allegations and evidence of mismanagement, neglect, abuse, or conflict of interest.

I’ve helped clients on both sides of this issue. I’ve successfully petitioned to remove guardians who abused their authority. I’ve also defended guardians who were falsely accused by angry relatives. If you’re facing a contested guardianship matter, my role is to protect your rights and ensure the court hears the full story.

Limited vs. Plenary Guardianship and Financial Powers

It’s important to distinguish between limited and plenary guardianships. Under Florida Statute § 744.102(9), a plenary guardian has complete legal authority over the ward’s person and property. A limited guardian may only have authority over certain financial areas. This might be the case if the ward retains some decision-making ability.

In either case, the guardian must always seek the least restrictive alternative and encourage the ward’s independence as much as possible. Courts prefer to preserve personal autonomy, especially when partial capacity remains.

Why Work With Me as Your Orlando Guardianship Attorney

Guardianship law is highly procedural, and every step must be documented and submitted properly. When you work with me, you won’t have to figure this out on your own. I provide step-by-step support to guardians managing financial affairs and to those challenging improper conduct in court. Whether you’re petitioning for guardianship or dealing with a contested accounting, I’ll guide you with clarity and precision.

I’ve served clients throughout Orlando and across Orange County, Florida, in both uncontested and high-conflict guardianship matters. I take pride in ensuring that the ward’s rights and assets are protected and that legal guardians meet their responsibilities with dignity and care.

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

If you’re managing someone’s financial future or concerned about how your loved one’s assets are being handled, don’t try to handle it alone. Schedule a consultation with me today. I’m here to help you through this process with integrity and legal strength.

Frequently Asked Questions About Guardians Managing a Ward’s Finances

What authority does a financial guardian have in Florida?

A guardian of the property has full authority over the ward’s financial decisions unless the court limits that authority. This includes collecting income, paying bills, managing investments, and maintaining records. Everything must be documented and reported annually. The guardian must follow Florida’s Prudent Investor Rule and avoid any self-dealing.

Can a guardian use the ward’s money to pay for their own expenses?

No. A guardian cannot use the ward’s money for their personal benefit. All funds must be used exclusively for the ward’s benefit. Even if the guardian provides care, they must obtain court approval before reimbursing themselves. Violating this rule can lead to removal and financial penalties.

How often must a guardian file accountings in Florida?

A guardian must file an Initial Inventory within 60 days of appointment and submit an Annual Accounting every year after that. These filings must include a detailed list of income, expenditures, assets, and any changes in financial status. The court may require supporting documents such as bank statements, receipts, and valuation reports.

Can someone object to how a guardian is spending the ward’s money?

Yes. Any interested party—such as a family member—can file an objection or a petition for review. If the court finds evidence of misuse, it can order corrective measures, remove the guardian, or appoint a new one. If you believe funds are being misused, legal intervention is available.

Does the guardian need court permission to sell the ward’s home?

Yes. A guardian must file a petition and receive court approval before selling or transferring real estate. The court will evaluate whether the sale serves the ward’s best interest. Without that approval, the sale is invalid and could expose the guardian to legal consequences.

What if a guardian is accused of mismanaging the ward’s money?

They are entitled to defend themselves. Sometimes accusations are based on misunderstandings or family tensions. An experienced Orlando Guardianship Attorney can present accounting evidence, clarify disputed expenses, and protect your rights in court. If you’re facing these challenges, I can help you respond properly.

Can a guardian delegate financial responsibilities?

Only with court approval or within the scope of what’s considered routine, such as hiring a CPA or financial advisor. The guardian must still supervise the person they hire. Delegating final decisions or access to the ward’s funds without oversight could violate fiduciary duties.

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

If you’re managing someone’s financial future or concerned about how your loved one’s assets are being handled, don’t try to handle it alone. Schedule a consultation with me today. I’m here to help you through this process with integrity and legal strength.

/by
,

Can a Guardian Access a Ward’s Bank Accounts and Investments?

Can a Guardian Access a Ward’s Bank Accounts and Investments?

Understanding the Legal Authority of Guardians in Financial Matters Under Florida Law

If you’re facing a guardianship matter in Orlando—whether you’re seeking to protect a vulnerable loved one or you’ve been appointed as a guardian and want to understand your financial responsibilities—you’re not alone. I’m Beryl Thompson-McClary, a Guardianship Attorney in Orlando, and I’ve helped families throughout Orange County navigate these complicated and often emotional cases. One of the most important—and frequently misunderstood—questions I’m asked is whether a guardian has the legal right to access a ward’s bank accounts, brokerage portfolios, and other financial assets.

It’s a fair question. Whether you’re trying to ensure your family member is properly cared for, or you’re concerned about potential financial abuse, understanding what Florida law allows (and what it prohibits) is essential. I handle these cases throughout Orange County, and if you’re dealing with this issue, I encourage you to call my office at 1-888-640-2999 to schedule a consultation and discuss your specific situation.

Let’s walk through how Florida handles this issue—and what it could mean for your case.

What Does Florida Law Say About Guardian Control of Finances?

In Florida, guardianship is governed primarily by Chapter 744 of the Florida Statutes, also known as the Florida Guardianship Law. This law clearly defines the powers and duties of a guardian, particularly regarding a ward’s property and financial rights.

When someone is deemed incapacitated by a Florida court, the judge may appoint either a guardian of the person, a guardian of the property, or a plenary guardian (who has control over both). For financial matters—including accessing bank accounts, managing investments, paying bills, and making financial decisions—a person must be appointed as a guardian of the property or as a plenary guardian.

Under Fla. Stat. § 744.361, guardians are fiduciaries. This means they are held to the highest standard of care when handling another person’s money. They must act in the ward’s best interest at all times and avoid any conflicts of interest.

Yes, Guardians Can Access a Ward’s Bank Accounts—But Only With Court Authority

If you’ve been legally appointed as guardian of the property by a Florida court, you do have the ability to access the ward’s financial accounts. But that power doesn’t mean you can do whatever you want, whenever you want.

Before gaining access to the ward’s assets, a guardian must:

  • Be formally appointed and bonded (if required by the court)
  • File an Initial Inventory of all known assets under Fla. Stat. § 744.365
  • Receive court approval for significant financial transactions
  • Keep detailed records and submit annual accountings under Fla. Stat. § 744.367

So yes—once appointed, you can access checking accounts, savings accounts, investment portfolios, retirement accounts, and other assets. But every dollar you move, spend, or invest must serve the ward’s needs—and every major transaction may need court permission.

What About Joint Accounts or Family-Owned Businesses?

These situations can create legal complications.

For example, let’s say the ward has a joint checking account with an adult child, business partner, or spouse. As guardian of the property, your access to that account depends on several factors, including how the account is titled and whether the other account holder is contributing or withdrawing funds.

If the ward is a majority owner of a business or investment entity, the guardian may be required to step into that role on the ward’s behalf. Under Fla. Stat. § 744.441, a guardian may also seek court approval to:

  • Operate or terminate businesses
  • Manage or sell real property
  • Invest the ward’s funds
  • Enter into contracts

Again, these actions aren’t automatic. You must file the appropriate petitions and receive the judge’s permission.

What If You’re Concerned About a Guardian Misusing Funds?

I regularly represent both guardians and concerned family members. If you’re worried that a guardian is abusing their authority—maybe draining the ward’s accounts, making suspicious purchases, or failing to file accountings—the law gives you ways to act.

Under Fla. Stat. § 744.474, an interested party can petition the court to review a guardian’s conduct, request an audit, or even seek removal of the guardian if there’s evidence of misconduct. Florida courts take these accusations seriously.

As an Orlando Guardianship Attorney, I’ve handled cases where relatives suspected that financial abuse was occurring, and I’ve taken swift action to bring the matter before the court. On the other side, I’ve also defended honest guardians who were falsely accused and needed legal support to clear their name.

Limits on Guardian Access to Investments and Trusts

It’s important to distinguish between assets owned directly by the ward and those held in other vehicles, such as:

  • Revocable or irrevocable trusts
  • Joint tenancy accounts with survivorship rights
  • Payable-on-death (POD) or transfer-on-death (TOD) accounts
  • Property held in business entities

Unless those assets are titled directly in the ward’s name, the guardian may not have access. If the ward is a trust beneficiary, for example, the guardian may have limited influence over distributions and cannot unilaterally control trust management unless appointed as trustee.

This is where my legal role becomes critical. Whether you’re a guardian trying to understand your authority or a family member questioning how money is being managed, the specific legal structure of the assets determines what can and cannot be done.

Fiduciary Duty and Court Supervision

Florida’s guardianship system is not designed to give someone unchecked control. Guardianship is a heavily supervised legal arrangement. That means the court will review:

  • All significant financial decisions
  • Annual reports and accounting statements
  • Any transactions involving real property, gifts, or asset sales

Guardians are also required to post a bond or provide other security in many cases to protect the ward’s estate. Violating fiduciary duties can result in personal liability and even criminal charges under Florida law.

Why It Matters to Work With the Right Attorney

As an Orlando Guardianship Attorney, I represent clients on both sides of this issue—guardians who want to do the right thing and families who are trying to protect their loved one’s assets. I know how important it is to keep financial guardianship focused on the needs and best interests of the ward. These cases are personal, and they require more than just legal knowledge—they require care, strategy, and experience.

If you have questions about accessing or protecting a ward’s financial accounts, call my office at 1-888-640-2999 to schedule a consultation. I handle guardianship cases throughout Orange County, and I’ll give you clear answers about your rights, your risks, and your options.

Florida Guardianship Frequently Asked Questions

Can a guardian open a new bank account for the ward in Florida?
Yes. If you are appointed as a guardian of the property, you may open a guardianship-designated bank account in the ward’s name. However, you’ll need to ensure it complies with court directives and that any funds deposited are accounted for in your required reports. The account must be used only for the ward’s benefit.

What happens if the ward already has automatic withdrawals or bill payments set up?
As the guardian, you should evaluate all automatic transactions and determine if they are still appropriate. You have the authority to cancel or modify them, but if the transaction involves a contractual obligation or significant funds, court approval might be required. It’s critical to document every change and notify the court in your annual report.

Can the guardian give gifts or donations using the ward’s funds?
Generally, no. Under Fla. Stat. § 744.441, guardians must obtain court approval to make gifts. The court will only approve such requests if the gift aligns with the ward’s past history of giving and financial capacity. Unauthorized gifts may be seen as self-dealing or breach of fiduciary duty.

What if the guardian uses the ward’s money for personal expenses?
This is a serious violation of fiduciary responsibility. If someone believes a guardian is misusing funds, they can file a petition to review the guardian’s conduct under Fla. Stat. § 744.474. If misuse is proven, the guardian can be removed, required to repay the money, and may even face criminal charges.

How do I monitor a guardian’s access to my parent’s finances?
As an interested party (such as an adult child or family member), you have the right to request copies of annual accountings. You can also petition the court if you suspect mismanagement. The court has the authority to audit and review all financial activity conducted by the guardian.

Can the ward ever regain control over their accounts?
Yes. If the ward’s condition improves, they can petition the court to restore their rights. The court will review medical evaluations and other evidence to determine if the ward is capable of managing their finances again. Restoration of rights is a formal legal process.

Is court approval always needed before spending the ward’s money?
Not always, but it depends on the type of expense. Routine expenses (housing, utilities, medical care) typically do not require prior approval, but large purchases, gifts, real estate transactions, and investments generally do. Each case may vary, so it’s best to consult with your attorney.

Does the guardian get paid for managing the ward’s finances?
Yes, but any compensation must be approved by the court and must be reasonable. The guardian may also be reimbursed for out-of-pocket expenses, but only if those expenses directly benefited the ward and were properly documented and submitted to the court for approval.

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

If you are seeking legal guidance on whether a guardian can access a loved one’s bank accounts and investments—or if you’re a guardian needing clarity on your responsibilities—I encourage you to get the advice you need from someone who understands both sides of Florida’s guardianship law.

Let’s make sure your rights—and your loved one’s well-being—are protected.

/by