Understanding the Legal Timelines, Termination Conditions, and the Restoration of Rights in Florida Conservatorship Cases
Serving Orlando and the Greater Orange County Area in Florida Conservatorship Matters
In Orlando and across Orange County, more families are facing questions about conservatorship—what it means, when it’s needed, and how long it lasts. These cases often begin with concern for a loved one who can no longer manage their finances due to a medical condition, cognitive decline, or some other circumstance. But once the court gets involved, the process becomes legal in nature, and so does the responsibility.
As a Conservatorship Attorney in Orlando, I’ve represented both petitioners and conservatees in these sensitive matters. One of the most common questions I hear is, “How long does a conservatorship last in Florida?” The answer depends on several factors, including the reason for the conservatorship, the individual’s condition, and the steps taken after the court enters its order.
I’m Attorney Beryl Thompson-McClary, and I handle conservatorship and guardianship cases throughout Orange County, Florida. I encourage you to call my office at 1-888-640-2999 to discuss your specific situation. Whether you are a family member petitioning to protect a vulnerable relative or you are the individual seeking to regain your rights, I can help guide you through every step of the legal process with clarity and care.
What Is a Conservatorship in Florida and When Is It Used?
Florida law recognizes conservatorship in limited situations. Under Florida Statutes Chapter 747, a conservatorship may be established when a resident of Florida has disappeared, is missing, or has been detained—such as overseas during military service—and cannot manage their financial or property affairs. This is distinct from guardianship under Chapter 744, which is used for individuals who are present but incapacitated.
A conservator is appointed by the court to manage the property and business affairs of the absentee, also referred to in Florida law as the “absentee ward” or simply the “absentee.” The conservator steps into the shoes of the absentee to make financial decisions, protect assets, and fulfill obligations until the absentee returns or the court orders termination of the conservatorship.
Whether you’re seeking to become a conservator or you’re trying to end a conservatorship and restore rights, it’s critical to understand the legal framework and time limitations Florida law places on these matters.
How Long Can a Conservatorship Last in Florida?
Under Florida Statute § 747.035, a conservatorship can be granted for as long as the absentee remains missing or otherwise unable to return and manage their affairs. The law does not impose a strict time limit from the outset, but it does place obligations on the conservator and the court to monitor the case and take action when circumstances change.
If the absentee is found alive and capable of resuming control of their affairs, the conservatorship must end. If the absentee is declared deceased or presumed dead by law, then the conservatorship is converted into an estate proceeding under Florida probate law.
Here are the three common timeframes where a conservatorship may end:
- Voluntary Termination by the Absentee Returning
- Court-Ordered Termination Based on Evidence of Death or Return
- Statutory Presumption of Death After Five Years (Florida Statute § 731.103)
Even before reaching the five-year mark, parties can petition the court for a declaration of death if sufficient evidence exists. That declaration shifts the legal framework from conservatorship to estate administration.
As an Orlando Conservatorship Lawyer, I’ve worked with families in difficult and emotionally charged cases where military personnel, kidnapped individuals, or those with dementia went missing. Each case requires careful documentation and legal attention.
What Is Required to Maintain or Terminate a Florida Conservatorship?
A conservator in Florida has reporting and fiduciary duties similar to those of a guardian. Under Florida Statute § 747.038, the conservator must file an annual report accounting for all assets, income, and expenses. This helps the court determine whether the conservatorship remains appropriate and whether the assets are being managed in good faith.
To terminate the conservatorship, a party may petition the court. This can be done by:
- The absentee themselves
- A family member or interested party
- The conservator
- The court on its own motion
If the absentee returns and is proven to be mentally and physically capable of managing their affairs, the court is required to terminate the conservatorship. The conservator must then transfer all property back to the absentee.
If the absentee is deceased, the court will convert the proceeding into a probate case. The conservator may then be appointed as the personal representative of the estate or may be discharged, depending on the circumstances.
Restoration of Rights and the Return of the Absentee
When an absentee returns, they have the right to petition for the restoration of full control over their property. The court will hold a hearing and examine medical, financial, or testimonial evidence to confirm that the individual is competent and able to resume control.
At that point, the conservator must file a final accounting and prepare for the transfer of assets. If any disputes arise regarding the actions taken by the conservator during the period of absenteeism, those can be litigated separately under claims of breach of fiduciary duty or accounting errors.
One common scenario I’ve handled is where a military service member detained overseas is presumed dead but later returns. In these cases, it is essential to have a legal advocate familiar with the procedural requirements to reverse or close the conservatorship and address any legal or financial issues that have occurred in the interim.
Special Cases: Mental Health, Incapacity, and Guardianship Instead of Conservatorship
It’s important to clarify that conservatorship under Chapter 747 applies specifically to absentee individuals. If someone is present but lacks mental capacity, that situation typically falls under Florida’s guardianship statutes in Chapter 744.
For example, a senior with Alzheimer’s disease who remains in Florida would not be the subject of a conservatorship, but rather a guardianship proceeding where the court removes certain rights and assigns them to a guardian. Those rights may include the ability to manage property, medical decisions, and more.
As a Conservatorship and Guardianship Attorney in Orlando, I regularly assist families in understanding which type of legal proceeding applies to their situation. Each statute has specific procedural steps, burdens of proof, and reporting obligations that must be followed.
Why Choose Orlando Conservatorship Attorney Beryl Thompson-McClary
Legal matters involving conservatorship are more than just paperwork—they touch every part of a family’s emotional and financial life. I approach every case with the seriousness it deserves and the attention each client needs.
When you hire me, you receive:
- One-on-one communication and legal strategy tailored to your family’s goals
- Comprehensive knowledge of Florida’s guardianship and conservatorship laws
- Representation across every step of the court process, from initial petition to termination
I’ve helped clients throughout Orange County manage conservatorships involving missing relatives, overseas military service, dementia, and even complex probate transitions after presumed death. Whether you’re the conservator or the person subject to the order, I work to protect your rights, your assets, and your future.
Call my office today at 1-888-640-2999 to schedule an appointment to discuss your case.
FAQs – Florida Conservatorship Duration and Termination
What is a conservatorship under Florida law?
A conservatorship in Florida is a legal arrangement established under Chapter 747 of the Florida Statutes. It allows the court to appoint someone to manage the financial affairs of a person who is absent due to being missing, detained, or presumed dead. It is different from a guardianship, which is used when a person is present but incapacitated.
How long does a conservatorship typically last in Florida?
The duration varies based on the circumstances. A conservatorship may last a few months or several years. It continues until the absentee returns, is proven to be deceased, or a judge terminates the order for another valid reason. If no evidence of death emerges, Florida law allows for a presumption of death after five years, under Florida Statute § 731.103.
Can the person under conservatorship get their rights back?
Yes. If the absentee returns and is found to be capable of handling their affairs, they can file a petition with the court to terminate the conservatorship. The judge will review the facts and, if satisfied, will return full control of the assets to the individual.
What happens if the absentee is declared deceased?
If the court finds sufficient evidence to presume the person is deceased, the conservatorship transitions into probate proceedings. At that point, a personal representative is appointed to administer the estate under Florida’s probate laws.
Who can ask the court to end a conservatorship?
Any interested party—including the absentee, a family member, or the conservator—can file a petition to end the conservatorship. The court may also terminate the order on its own if facts support doing so.
Can a conservatorship be contested?
Yes. Parties with legal standing may challenge the appointment of the conservator or the continued need for the conservatorship. These disputes are handled through formal court hearings where evidence is presented.
What if the conservator mismanages the absentee’s assets?
A conservator owes a fiduciary duty to manage the absentee’s property responsibly. If there’s evidence of mismanagement, fraud, or neglect, a petition can be filed to remove the conservator, request an accounting, or seek reimbursement for losses.
How do I know whether conservatorship or guardianship applies?
If the individual is absent or missing, conservatorship is likely appropriate. If the individual is present but mentally or physically incapable of managing their own affairs, guardianship under Chapter 744 may apply. Consulting with a lawyer is essential to determining which legal option is appropriate.
Do courts monitor conservatorships in Florida?
Yes. The court requires conservators to file annual reports and financial accountings. These filings help the court ensure the absentee’s property is protected and that the conservator is fulfilling their duties lawfully.
What should I do if I think a conservatorship is no longer necessary?
You or your attorney can file a petition for termination with the probate court. You’ll need to present evidence supporting your claim that the absentee has returned or no longer needs this form of legal protection. The court will schedule a hearing and decide whether to end the conservatorship.
Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you are dealing with a conservatorship case in Orange County or need help understanding how long the legal order should remain in place. We provide compassionate legal advocacy for both conservators and individuals seeking to regain their rights under Florida law.
