Oversight and Protection for Families in Orlando and Across Florida
Orlando is a city known for its vibrant neighborhoods and growing communities, but even here, families sometimes face difficult choices when a loved one cannot manage their own property or financial affairs. In Florida, this situation may lead to a court-supervised arrangement often called a conservatorship. While Florida law uses the term guardianshipmore broadly, conservatorship generally refers to the management of property and assets under the supervision of the court.
I am Attorney Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help families on both sides of this issue: guardians and conservators who need court approval to carry out their duties, and family members who want to make sure that oversight is strong enough to protect their loved one. If you are considering conservatorship or already involved in a case, call me at 1-888-640-2999 to schedule a consultation. I handle these matters throughout Orange County and across Florida, and I will help you understand what the court requires and how your rights are protected.
What Is a Conservatorship in Florida?
Florida law does not use the term “conservatorship” as frequently as other states, but it does apply in specific cases. Under Chapter 744 of the Florida Statutes, guardianship includes both the appointment of someone to manage personal needs and the appointment of someone to manage property. When the focus is on property and finances, this arrangement functions like a conservatorship.
Florida also has Chapter 747, which governs “conservatorship of absentees.” This statute allows courts to appoint a conservator when a person is missing, has disappeared, or cannot be located, yet owns property or income in Florida that must be protected.
In both settings, the court does not simply hand over power. Every action taken by the conservator is subject to strict oversight to ensure that the ward’s property is managed lawfully and responsibly.
Florida Statutes Governing Court Supervision
Several statutes provide the legal framework for how courts supervise conservatorships and guardianships of property in Florida:
- §744.102 – Defines guardians, wards, and property under guardianship.
- §744.108 – Covers guardian and attorney compensation, requiring approval by the court.
- §744.362 – Requires guardians of property to file annual accountings with the court.
- §744.367 – Establishes reporting requirements for both guardians of the person and of property.
- Chapter 747 – Governs conservatorships of absentees, ensuring property is preserved until the absentee returns or is declared deceased.
These statutes make it clear that the court plays an ongoing role in supervising conservatorships, not just at the beginning.
How Courts Supervise Conservatorships
Initial Appointment
When someone petitions the court to become a conservator, the court must determine that the appointment is necessary and that no less restrictive alternative exists. The judge reviews medical reports, capacity determinations, and the proposed conservator’s qualifications.
Bonding and Oath
Before assuming duties, conservators may be required to post a bond to protect against misuse of funds. They must also take an oath promising to act in good faith and in the ward’s best interests.
Annual Accountings
Perhaps the most important form of supervision is the annual accounting requirement. Conservators must file detailed reports with the court showing:
- All income received by the ward
- All expenses paid from the ward’s estate
- The current status of bank accounts and investments
- Any major transactions, such as sales of property
If the court finds discrepancies, it can order corrective action, reduce compensation, or even remove the conservator.
Court Approval for Major Actions
Conservators cannot make major decisions without court approval. For example:
- Selling or mortgaging real estate
- Making large financial investments
- Settling lawsuits involving the ward’s property
This ensures that no major decision is made without judicial oversight.
Why Court Supervision Matters
From the Conservator’s Perspective
Court supervision protects the conservator as well. By securing court approval for major actions, conservators reduce the risk of later accusations of mismanagement. Proper filings, accountings, and judicial oversight create a record that demonstrates the conservator acted responsibly.
From the Family’s Perspective
Families can take comfort in knowing that courts do not leave conservators unchecked. Interested family members can review annual reports and file objections if they suspect wrongdoing. If a conservator misuses property, the court can remove them, require restitution, and appoint a replacement.
Potential Concerns and Disputes
Even with court supervision, disputes sometimes arise:
- Fee Disputes: Families may argue that conservator or attorney fees are too high. Under §744.108, courts must review and approve all fees.
- Investment Decisions: Family members may disagree with how the conservator invests funds. Courts ensure investments comply with Florida’s prudent investor rule.
- Alleged Mismanagement: If a conservator is accused of misusing funds, the court may require audits, freeze accounts, or appoint a successor.
- Overreach: Some families feel that conservatorship is unnecessary and that less restrictive alternatives could protect the ward’s rights.
As your Orlando Guardianship Attorney, I can represent either side—whether you are a conservator seeking approval of your actions or a family member making sure your loved one is protected.
Ramifications Under Florida Law
Court supervision of conservatorships has several important effects:
- Accountability: Conservators are held to a fiduciary standard and must always act in the ward’s best interests.
- Transparency: Families have access to reports and court records.
- Legal Protections: Court approval shields conservators from liability if they act in good faith.
- Consequences for Misconduct: Mismanagement can result in removal, financial liability, or even criminal charges.
These safeguards show why Florida’s courts play such a central role in supervising conservatorships.
FAQs About Court Supervision of Conservatorships in Florida
How often must conservators report to the court?
Conservators must file annual accountings and may be required to file interim reports as directed by the court. The accounting must include all financial activity, income, and expenses.
What happens if a conservator fails to file an accounting?
The court may issue an order to compel compliance, reduce or deny compensation, or remove the conservator. Persistent failure can also expose the conservator to liability.
Do conservators need court approval for every decision?
Not for routine matters. Conservators can handle ordinary expenses like paying bills or managing bank accounts. However, major decisions such as selling real estate or investing large sums always require court approval.
Can family members review conservatorship reports?
Yes. Interested parties, including family members, have the right to review annual reports and raise objections if they believe something is improper.
Are conservators paid for their work?
Yes, but all compensation must be approved by the court under Florida Statute §744.108. Conservators must show that their fees are reasonable and justified.
What protections exist against conservator misconduct?
Courts may require bonding, detailed reports, and hearings. Misconduct can lead to removal, restitution, and liability. In serious cases, criminal charges may apply.
Can a conservatorship be ended?
Yes. A conservatorship ends if the ward regains capacity, the absentee returns, or the court finds the arrangement is no longer necessary. Family members can petition for termination.
Do conservators have personal liability for mistakes?
If a conservator acts in good faith with court approval, they are generally protected. However, intentional misconduct, fraud, or reckless actions can lead to personal liability.
Can a conservator hire professionals to help?
Yes, but hiring accountants, attorneys, or financial managers requires court approval, and their fees must be reported in annual accountings.
Why should I hire an Orlando Guardianship Attorney?
Because conservatorships involve strict court oversight, complex filings, and potential disputes, having an attorney ensures compliance with Florida law, protects you from liability, and safeguards your loved one’s financial well-being.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you are involved in a conservatorship in Orlando or anywhere in Orange County, you need legal guidance to protect both your family and your loved one’s estate. As an Orlando Guardianship Attorney, I work with clients on both sides of these cases to ensure compliance with Florida law and protect everyone’s rights. Call me today at 1-888-640-2999 to schedule a consultation.
