Helping Families Make Informed Legal Choices in Orlando
Here in Orlando, families are often faced with sensitive decisions when an aging parent can no longer manage their affairs. Whether due to memory loss, physical health concerns, or safety risks, the issue of guardianship can come up quickly—and sometimes unexpectedly. When one person seeks control over a parent’s personal and financial matters, others in the family may disagree with that decision or with the individual chosen to serve as guardian.
As an Orlando Guardianship Attorney, I’ve worked with families on both sides of this issue. Some are trying to protect a vulnerable parent. Others are trying to stop a guardianship petition they feel is unfair, unnecessary, or motivated by control. If you’re facing a legal dispute over a parent’s guardianship in Orange County or anywhere in Central Florida, I can help you understand your rights and options under Florida law.
My name is Beryl Thompson-McClary. I represent individuals and families in contested guardianship cases throughout the Orlando area. To schedule a consultation, call my office today at 1-888-640-2999.
What Is Guardianship in Florida?
Guardianship is a legal process where a court appoints someone—called a guardian—to make decisions on behalf of another person, known as the ward. For aging parents, this usually happens when there’s concern that they can no longer handle their health care, finances, or daily needs safely and responsibly.
In Florida, the law governing guardianship is primarily found in Chapter 744 of the Florida Statutes. Before a guardian is appointed, the court must find the person to be legally “incapacitated.” That means they are unable to manage their property or take care of their personal needs without assistance.
This process isn’t automatic. It involves filing a petition, appointing an examining committee, and holding a hearing. And at any point, family members or interested persons can contest the petition or object to the proposed guardian.
Why Someone Might Want to Contest a Guardianship Petition
As an Orlando Guardianship Attorney, I’ve seen guardianship petitions contested for many reasons. Sometimes, family members believe the elderly parent is still capable of making decisions with help—not total control. Other times, the person seeking guardianship may not have the ward’s best interests at heart. There may be financial conflicts, past abuse, or strained family relationships.
You might want to contest a guardianship petition if:
- You believe your parent is not actually incapacitated
- You suspect the person petitioning for guardianship is unfit or acting out of self-interest
- You believe a less restrictive alternative (like a power of attorney) would be more appropriate
- You want to propose a different guardian
- Your parent objects to the guardianship
Under Florida law, these are all valid reasons to raise objections.
The Legal Process for Contesting a Guardianship
Once a petition is filed with the court under Florida Statutes § 744.331, the court appoints an examining committee—usually made up of three professionals—to evaluate the alleged incapacitated person. These professionals will interview the person, review medical records, and issue reports about their mental and physical condition.
If you want to contest the guardianship, you have the right to:
- Appear at the hearing
- Present evidence and call witnesses
- Cross-examine the petitioner’s witnesses
- Propose less restrictive alternatives
- Object to the proposed guardian
You can also hire a lawyer to represent your interests—and your parent’s interests—at every stage of the proceeding. If the court finds the parent is not incapacitated, the case ends. If incapacity is established, the court will decide who should serve as guardian, or whether alternatives can serve the same purpose.
Legal Grounds for Challenging the Petition
Contesting a guardianship successfully requires legal grounds and evidence. Some of the most common challenges we raise in these cases include:
- No medical or psychological evidence supports incapacity
- The examining committee was biased or unqualified
- The alleged incapacitated person has valid estate planning tools in place (such as powers of attorney or trusts)
- The person seeking guardianship has a conflict of interest or history of abuse or neglect
- The guardianship is too broad and should be limited in scope
- The guardian is not suitable under § 744.309, which outlines disqualifications
Defending a Petition When You Are the Proposed Guardian
Sometimes, I represent clients who are the ones seeking guardianship. In these cases, a family member may try to block the petition or accuse you of misconduct. If you’re seeking guardianship for your aging parent and facing objections, I can help you defend your actions and prove that guardianship is necessary and appropriate.
We focus on clear medical evidence, financial transparency, and demonstrating your ability to carry out your duties under § 744.361, which outlines a guardian’s legal responsibilities in Florida.
Alternatives to Guardianship: Exploring Less Restrictive Options
Florida law requires courts to consider “less restrictive alternatives” before appointing a guardian. This is outlined in § 744.331(6)(b). If your parent already has a durable power of attorney, health care surrogate designation, or living trust, the court may decide that guardianship is not needed.
These alternatives preserve the parent’s autonomy while still offering the protection they need. Courts take this requirement seriously. So if you’re opposing a guardianship, you must be prepared to show that these tools are already in place and functioning properly.
What Happens After the Court’s Decision?
If the court appoints a guardian, that person must regularly report to the court. They’re required to file a care plan, account for finances, and keep all interested persons informed. If circumstances change, the guardianship can be modified or terminated under § 744.474.
If you lose your initial challenge, you still have options. You can petition to remove the guardian, seek a successor guardian, or monitor the case to ensure your parent is being treated fairly.
Why Choose Me as Your Orlando Guardianship Attorney?
Contested guardianship cases are deeply personal and often emotionally charged. I approach each case with professionalism, discretion, and a strong knowledge of Florida guardianship law. Whether you’re seeking to protect your parent or stop a petition that doesn’t feel right, I can help guide you through the legal process.
I serve families throughout Orlando and Orange County. Every case I handle is grounded in Florida law, careful evidence gathering, and a commitment to doing what’s right for the person at the center of the case—your parent.
If you need help with a contested guardianship matter, call my office to schedule a consultation at 1-888-640-2999.
Florida Guardianship Frequently Asked Questions
What are my rights if I want to contest a guardianship petition for my parent in Florida?
If you’re an interested person, such as a child, sibling, or spouse, you have the right to participate in the proceedings. You can object to the guardianship itself or to the person being proposed as guardian. You’ll be able to appear in court, present evidence, hire legal counsel, and offer alternatives to guardianship such as powers of attorney or advance directives.
Can my parent object to the guardianship?
Yes. If your parent is still capable of expressing their wishes, they have the right to oppose the petition. Florida law allows the alleged incapacitated person to be represented by an attorney, appear at the hearing, and have their preferences considered. In fact, courts are required to take their wishes into account before appointing a guardian.
What if I believe my sibling is trying to control our parent for financial gain?
That’s one of the more common reasons guardianship petitions are contested. If you believe the person seeking guardianship has a conflict of interest, a history of misconduct, or is seeking guardianship for personal gain, you can present evidence and ask the court to disqualify that individual under § 744.309.
Are there any less restrictive options the court might consider?
Yes. Florida courts must explore alternatives before approving a guardianship. These include powers of attorney, health care surrogate designations, living trusts, or representative payees for Social Security benefits. If your parent already has these in place and they’re functioning effectively, the court may deny the guardianship petition.
How long does the guardianship contest process take?
It depends on the court’s schedule, how complicated the facts are, and whether both sides are cooperating. In most cases, it begins with an evaluation by an examining committee and a court hearing within 30 to 60 days. If the case becomes contested or involves multiple witnesses, it can take several months. During that time, the court may appoint an emergency temporary guardian if necessary.
What if the court already appointed a guardian, but I think it was a mistake?
You can file a petition to modify or terminate the guardianship under § 744.474. You’ll need to present new evidence, such as improved capacity or a better guardian alternative. Courts have the authority to remove guardians, replace them, or scale back their powers if it’s in the best interest of the ward.
