Understanding Your Rights and Legal Options in Challenging a Conservatorship
Orlando Families Facing Conservatorship Disputes
Life in Orlando and throughout Orange County is vibrant and family-centered, but legal disputes over conservatorship can create tension and uncertainty for loved ones. A conservatorship is meant to protect vulnerable individuals who may not be able to manage their financial affairs. However, not every petition for conservatorship is appropriate, and in some cases, family members or interested parties believe the petition is unnecessary, harmful, or filed by the wrong person.
I am Attorney Beryl Thompson-McClary, an experienced Conservatorship Attorney in Orlando. I have represented clients on both sides of conservatorship cases—those seeking to protect a loved one and those fighting to prevent unnecessary court intervention. If you are facing a contested conservatorship or need to challenge one, I can help you understand your legal rights under Florida law and build a strong case in court. Call my office at 1-888-640-2999 to schedule a consultation and learn how I can assist you throughout Orange County, Florida.
What Is a Conservatorship in Florida?
Conservatorship under Florida law is a court-supervised legal arrangement designed to manage the financial affairs of an individual who cannot do so on their own. While guardianship often addresses both personal and financial decisions, a conservatorship is typically focused on property and asset management.
According to Florida Statutes Chapter 747, a conservatorship is most commonly established when:
- A person is missing, detained, or unable to return to manage their estate.
- A person is incapacitated and cannot handle their finances, yet no other arrangements (like a durable power of attorney) are in place.
The court appoints a conservator to step in and manage money, property, and legal decisions. However, conservatorships can be abused, improperly sought, or used when less restrictive alternatives exist. That’s why Florida law gives interested parties the right to contest a petition for conservatorship.
Grounds to Contest a Conservatorship Petition
Contesting a conservatorship means you are asking the court to deny or terminate the petition because it is not in the individual’s best interests or violates their rights. Common grounds for objection include:
- Lack of Incapacity: Evidence shows the person is capable of managing their financial affairs.
- Less Restrictive Alternatives: Existing arrangements like a valid power of attorney, trust, or healthcare directive make conservatorship unnecessary.
- Improper Petitioner: The person seeking conservatorship is not suitable due to conflicts of interest, financial misconduct, or strained relationships.
- Fraud or Undue Influence: The petition was filed to gain control of the person’s assets through dishonest means.
- Errors in Procedure: The petition failed to meet statutory requirements for notice, medical evidence, or due process.
As an Orlando Conservatorship Lawyer, I carefully examine each case to determine which objections may apply. Contesting conservatorship is not about creating conflict; it is about ensuring the law is followed and that the individual’s rights are respected.
The Legal Process to Contest a Conservatorship in Florida
Florida law provides a structured process to contest a conservatorship petition, balancing protection for the alleged incapacitated person (AIP) with their right to autonomy.
1. Filing an Objection
Any interested person—including family members, close friends, or financial advisors—may file a written objection with the court. This objection must be timely and state specific reasons why the conservatorship is unnecessary or improper under Florida Statutes § 747.021 and related provisions.
2. Court-Appointed Representation
The alleged incapacitated person has the right to legal counsel. If they cannot afford an attorney, the court must appoint one. This ensures their side of the case is fully presented.
3. Notice and Hearing
The court will schedule a hearing to consider the objection. All parties receive notice of the date and time, giving each side the opportunity to gather evidence, call witnesses, and prepare arguments.
4. Evidentiary Hearing
At this stage, both the petitioner and objecting parties present their evidence. This may include medical records, testimony from physicians, financial documents, or witness statements showing the individual’s decision-making ability or the petitioner’s unsuitability.
The court considers this evidence under the standard of “clear and convincing proof” that conservatorship is necessary. The judge is legally obligated to seek the least restrictive alternative under Florida Statutes § 744.331 (applied in conservatorship matters) before removing financial decision-making rights.
5. Court’s Decision
After reviewing all testimony and evidence, the court may:
- Deny the petition for conservatorship
- Approve the petition and appoint the proposed conservator
- Appoint an alternative conservator better suited to the role
- Order a limited conservatorship that preserves as many rights as possible
- Suggest alternatives like trusts or durable powers of attorney
My role as your Orlando Conservatorship Lawyer is to build a strong case, protect the interests of your loved one, and ensure the court has accurate and complete information before making its decision.
Consequences of a Conservatorship Ruling
The outcome of a contested conservatorship hearing has significant, long-lasting consequences:
- Loss of Autonomy: If approved, the individual may permanently lose control over finances and property.
- Financial Oversight: Court-supervised conservatorships require ongoing reporting under Florida Statutes § 744.367, which can affect family dynamics and future decision-making.
- Potential Abuse Prevention: On the positive side, a properly managed conservatorship can prevent exploitation and safeguard assets.
- Emotional Impact: Whether granted or denied, contested cases often leave lasting emotional effects on family members and the ward.
Because of these ramifications, you should never face a contested conservatorship without qualified legal representation. I help clients in Orlando and across Orange County understand their rights, present persuasive evidence, and protect their loved ones’ best interests.
Why Choose Attorney Beryl Thompson-McClary for Contested Conservatorship Cases
Contested conservatorships are among the most sensitive legal matters families face. I have handled these cases throughout Orange County for many years, representing both those seeking conservatorship and those fighting to prevent unnecessary court intervention.
Clients trust me because I:
- Thoroughly review financial, medical, and legal documentation
- Protect the rights of the alleged incapacitated person at every stage
- Build strong cases for or against conservatorship based on Florida law
- Provide compassionate guidance during highly emotional family disputes
If you are considering challenging a conservatorship or need defense against an objection, call 1-888-640-2999 to schedule a consultation. Having an experienced Orlando Conservatorship Attorney on your side can make all the difference in the outcome of your case.
FAQs – Contesting Conservatorships in Florida
Who can contest a conservatorship petition in Florida?
Any “interested person” as defined under Florida law may object to a petition. This includes spouses, adult children, other relatives, close friends, or anyone with a legitimate interest in the person’s welfare or financial affairs.
What evidence is needed to successfully contest a conservatorship?
You need clear, credible evidence that either the person is not incapacitated or that less restrictive alternatives are available. Medical evaluations, cognitive assessments, power of attorney documents, and witness testimony often play a key role in challenging the petition.
Can an objection stop the conservatorship from being established?
Yes, if the objection shows that the legal standards for incapacity or the need for conservatorship have not been met, the judge can dismiss the petition. Alternatively, the court might order a limited conservatorship or appoint a different conservator.
What are my loved one’s rights during the conservatorship process?
The alleged incapacitated person has the right to attend hearings, be represented by counsel, present evidence, and appeal an unfavorable decision. They are entitled to due process protections under Florida Statutes §§ 744.331 and 747.021.
What if the court appoints a conservator and we later discover misconduct?
Florida law allows petitions for removal under Florida Statutes § 744.474 if a conservator mismanages assets, acts dishonestly, or fails to perform duties. The court can suspend or replace the conservator to protect the ward’s interests.
How long does a contested conservatorship case take in Florida?
The timeline depends on the complexity of the case, availability of medical evaluations, and the number of parties involved. Some cases resolve in weeks, while highly contested matters can take months.
Do I need an attorney to contest a conservatorship?
While not required, having an Orlando Conservatorship Lawyer is highly advisable. These cases involve strict procedural rules and high evidentiary standards. Legal counsel ensures your objections are properly filed and supported in court.
Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if you need to contest a conservatorship petition or protect the rights of a loved one in Orange County, Florida. My firm is dedicated to ensuring that conservatorships are used only when necessary and that every person’s rights are safeguarded under Florida law.
