Understanding the Law When Families Clash Over Conservatorship Appointments and Money Decisions
Conservatorship Disputes in Orlando Families: A Legal Perspective
Here in Orlando, I work with many families facing the emotional and legal challenges of conservatorship. When an aging parent or vulnerable adult can no longer manage their financial affairs, Florida law allows the court to appoint someone to take over those responsibilities. Unfortunately, this process often causes friction among siblings, children, or other relatives who disagree about who should be in charge—or how the money should be handled.
I’m Attorney Beryl Thompson-McClary, and I represent families across Orange County, Florida in conservatorship matters—especially when there’s a dispute. Whether you believe someone is misusing funds or you’re trying to protect a loved one’s assets, I’m here to guide you through the court process and fight for what’s right.
If you’re facing a contested conservatorship situation, call me at 1-888-640-2999 to schedule a consultation. I serve clients throughout Orlando and across Central Florida with one goal in mind: protecting both the conservatee and the integrity of the financial arrangements.
What Is a Conservatorship in Florida?
In Florida, the term “conservatorship” typically applies in very limited circumstances—usually involving absentee persons (like military members missing in action) or those legally declared absent. However, for the purpose of protecting adults who are unable to manage their financial affairs due to mental or physical limitations, Florida uses the guardianship process instead. That said, many people still refer to these as “conservatorship” cases, particularly when financial decisions are the central issue.
Under Florida Statutes Chapter 744, the court can appoint a guardian of the property to manage financial matters for an incapacitated person. This can include managing income, paying bills, overseeing investments, and protecting assets.
Disputes often arise when more than one family member wants to serve as guardian of the property—or when those already involved disagree about how the finances should be handled.
Who Can Petition for Guardianship of the Property in Florida?
Florida law allows any competent adult to petition the court to be appointed as guardian. This often includes:
- Adult children
- Siblings
- Spouses
- Longtime caregivers or friends
Once a petition is filed, the court appoints an examining committee to evaluate the person’s mental capacity. If the court determines that the individual is incapacitated in whole or in part, it then decides whether a guardian is needed—and who should serve.
When there are multiple petitioners or competing claims, the court must decide based on the best interests of the person under protection, not the family’s preferences. As an Orlando Conservatorship Lawyer, I help present evidence and testimony to support or oppose appointments, depending on the facts of the case.
How Florida Courts Resolve Conservatorship Conflicts Among Family Members
Disagreements between family members can turn emotional and legally complex. Common conflicts include:
- Competing petitions from adult children
- Accusations that one sibling is mismanaging funds
- Disputes over reimbursement for caregiving expenses
- Disagreements about selling property or investments
Florida Statute § 744.312 gives the court guidance on how to select a guardian when multiple people request appointment. The statute says the court should consider:
- The proposed guardian’s relationship to the person
- Any criminal background or financial issues
- Whether the proposed guardian is employed in health care
- The expressed wishes of the incapacitated person
- The physical and mental ability of the petitioner
- Any potential conflicts of interest
The law does not give automatic preference to children or spouses. Courts prioritize the person who is best suited to manage financial affairs responsibly and without personal bias.
When the Ward’s Wishes Matter
If the person under consideration has previously executed estate planning documents—such as a durable power of attorney, trust, or advance directive—these documents carry weight in court. A properly executed durable power of attorney may eliminate the need for guardianship entirely.
When such documents are disputed or allegedly invalid, the court must resolve those issues before deciding who should control the finances. As a Conservatorship Attorney in Orlando, I’ve handled cases where a family member challenged an old power of attorney, claiming undue influence or fraud. In these cases, timing, documentation, and testimony from professionals can be key.
Common Grounds for Objecting to a Family Member’s Appointment
It’s not uncommon for family members to oppose a specific petitioner for guardianship. The most common reasons for objection include:
- Past financial mismanagement or bankruptcy
- Criminal history, especially fraud or theft
- Lack of relationship with the ward
- Substance abuse or mental health concerns
- Unwillingness to communicate with other family members
The objecting party must file formal pleadings and attend court hearings to present evidence. The court can deny the petition or appoint a professional guardian if no family member is deemed appropriate.
What If the Guardian Is Already Appointed and Family Disagrees on Decisions?
Once a guardian of the property is appointed, they must act under court supervision. This includes:
- Filing annual financial accountings under F.S. § 744.367
- Seeking approval for large transactions
- Avoiding conflicts of interest
- Acting in the ward’s best interests
Family members who believe the guardian is mismanaging funds can file objections, motions to compel, or petitions for removal under F.S. § 744.474. Grounds for removal include:
- Abuse of power
- Neglect or exploitation
- Failure to file reports
- Mixing personal and ward funds
- Acting outside court approval
In cases where misconduct is proven, the court can revoke the appointment, demand repayment, or refer the matter to criminal investigators.
Mediation in Florida Conservatorship Disputes
Because these cases involve people who often need to maintain relationships, the courts often encourage mediation. Mediation allows families to come to mutually agreeable decisions regarding:
- Who serves as guardian
- How assets will be managed
- Care plans for the ward
As your Orlando Conservatorship Lawyer, I can represent you during mediation or hearings, ensuring your concerns are presented clearly and your loved one’s interests are protected.
The Role of a Conservatorship Attorney in Orlando
When emotions run high and family members clash, having the right legal counsel becomes critical. I provide a steady hand through the process—whether you’re seeking to serve as guardian, objecting to someone else’s appointment, or fighting to protect a vulnerable loved one’s assets.
With decades of legal experience in Florida probate and guardianship courts, I understand how judges approach these conflicts, what documentation is persuasive, and how to effectively present your case.
If you’re dealing with a contested conservatorship in Orlando, call 1-888-640-2999 to schedule a consultation. These cases are too important to face without trusted legal support.
FAQs – Florida Conservatorship Disputes Among Family Members
Can multiple family members serve as co-guardians of the property in Florida?
Yes, the court may appoint co-guardians if it believes doing so serves the ward’s best interests. However, co-guardians must act jointly and may not always agree. Courts are cautious about appointing co-guardians when there’s a history of family conflict. If disagreements interfere with financial decisions, the court may revoke the arrangement.
What happens if siblings both want to be the conservator?
The court reviews each sibling’s qualifications, background, and relationship with the ward. Judges consider whether one has been more involved in caregiving or financial assistance. If both are qualified but in conflict, the court may appoint an independent guardian of the property to avoid family disputes affecting the ward.
Can I contest someone else’s petition for guardianship of my parent’s property?
Yes. Florida law allows interested parties to file objections if they believe the petitioner is unfit, has a conflict of interest, or is acting out of self-interest. Evidence such as prior legal issues, financial records, or testimony from medical or care professionals can influence the court’s decision.
What if I believe the current conservator is misusing funds?
You can petition the court for review and removal. Florida law requires guardians of the property to submit regular accountings. If there are discrepancies or concerns about financial abuse, the court may investigate and require the guardian to provide documentation. A hearing may follow, and the court has authority to remove the guardian and appoint a replacement.
Is there a preference for a spouse or adult child when selecting a guardian of the property?
Florida courts consider family ties but do not guarantee preference. The most qualified person—not necessarily the closest relative—will be appointed. Courts assess who can manage the ward’s property responsibly and act without personal financial interest.
What should I do if a power of attorney exists but someone is still petitioning for guardianship?
You may present the power of attorney to the court and argue that no guardianship is needed. If the power of attorney was validly executed and the agent is acting appropriately, the court may dismiss the guardianship petition. If there are doubts about the agent’s conduct or allegations of coercion, the court will examine those issues closely.
Can the ward express their wishes in court?
Yes. Florida law allows the alleged incapacitated person to participate in hearings, hire counsel, and express preferences about who should manage their affairs. The court gives serious weight to the person’s wishes when capacity is partial or disputed.
What if my parent does not want a guardianship but one is being pursued anyway?
Your parent has the right to contest the petition. If they are able to understand the proceedings, they can appear in court, testify, and be represented by counsel. The court must find clear and convincing evidence of incapacity before removing their right to manage their property.
How do I prove someone is not fit to serve as guardian of the property?
You must submit evidence of financial irresponsibility, a criminal record, conflicts of interest, or other misconduct. Statements from professionals, bank statements, or testimony from witnesses may be introduced during a contested hearing.
Can I recover attorney’s fees if I challenge a guardianship petition?
Possibly. If your objection is successful and the court finds your efforts benefited the ward, you may request reimbursement of reasonable legal fees from the ward’s estate under Florida law. The court has discretion in awarding fees and reviews the outcome and benefit to the ward.
Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
Contact our attorney if you are involved in a contested guardianship or conservatorship case in Florida. Whether you’re seeking to be appointed, opposing another petitioner, or protecting a loved one’s finances, we’re ready to stand by your side.
