Protecting the Rights of Florida Seniors Through Responsible Legal Oversight
In Orlando and across Orange County, our population of seniors continues to grow. With that growth comes a greater need for care, support, and sometimes legal protection. As an experienced Orlando Guardianship Attorney, I’ve seen the good that guardianship can provide—but I’ve also seen the harm when guardianship goes unchecked.
Guardianship abuse is real. It can rob an elderly person of dignity, independence, and their life savings. If you’re concerned about someone under guardianship—or if you are a guardian facing scrutiny—you need a strong legal advocate. That’s where I come in. I represent families and individuals on both sides of this issue. My office serves clients throughout Orange County and across Florida.
If you suspect abuse or need legal guidance about guardianship responsibilities, call my office today at 1-888-640-2999 to schedule a consultation.
What Is Guardianship Abuse Under Florida Law?
Guardianship abuse happens when the court-appointed guardian—who is supposed to act in the best interest of the ward (the protected person)—uses their position to exploit, neglect, or harm that person. Abuse can be financial, emotional, or physical. It can also take the form of neglect—doing nothing when the guardian has a duty to act.
Under Florida Statutes Chapter 744, the court can appoint a guardian when a person is found to be incapacitated. This typically applies to elderly individuals who can no longer manage their own property or care. Once guardianship is granted, the guardian becomes a fiduciary—someone legally obligated to act with honesty and loyalty.
When that trust is broken, the consequences are devastating.
Key Florida Statutes That Govern Guardianship and Prevent Abuse
Several Florida laws are in place to regulate guardianship and to guard against abuse:
- Florida Statute § 744.331 governs the process for determining incapacity.
- Florida Statute § 744.344 outlines the appointment of a guardian.
- Florida Statute § 744.367 requires an annual guardianship plan to be filed with the court.
- Florida Statute § 744.474 provides legal grounds for removing a guardian if abuse, neglect, or exploitation is discovered.
This last statute is critical. If a guardian:
- Wastes or mismanages the ward’s estate,
- Neglects the ward’s health and welfare,
- Is convicted of abuse, exploitation, or fraud,
they can—and should—be removed.
As an Orlando Guardianship Attorney, I help families petition the court for investigations, file motions for removal, and initiate legal action when necessary.
Signs of Potential Guardianship Abuse
It can be difficult to detect abuse, especially when the elderly person is isolated. Here are red flags I tell my clients to watch for:
- Unexplained bank withdrawals or asset transfers
- Sudden changes in living arrangements or caregivers
- Missed medical appointments or signs of declining health
- A guardian who refuses to share records or communicate with family
- The ward expressing fear or confusion about their care
If you’re seeing these signs, don’t wait. Abuse often escalates when no one steps in.
Legal Remedies When Abuse Is Suspected
Florida law allows interested persons—usually family members—to ask the court to review a guardian’s actions. I assist clients in taking the following legal steps:
- Petitioning the court for an accounting audit
- Requesting removal of the guardian under § 744.474
- Filing for a new guardian to be appointed
- Reporting the abuse to the Florida Department of Elder Affairs or Adult Protective Services
- Initiating civil litigation for damages in severe abuse cases
On the other hand, if you’re a guardian who is being falsely accused, I also provide defense. I make sure your actions are clearly documented, lawful, and within the terms of your guardianship plan.
How Guardianship Can Be Structured to Prevent Abuse
The best prevention begins before a crisis arises. When families work with an attorney early, they can help ensure that protections are built into the guardianship process. Some strategies include:
- Choosing a trusted and capable person as guardian
- Appointing a professional guardian if no suitable family is available
- Creating a limited guardianship, where the ward retains some rights
- Mandating strict reporting requirements and court oversight
- Utilizing co-guardians for financial accountability
As your Orlando Guardianship Attorney, I can also help you explore alternatives to full guardianship, such as power of attorney, living trusts, or advance healthcare directives. These tools often reduce the need for full court intervention and provide more personal control.
Frequently Asked Questions About Guardianship Abuse in Florida Elder Care
What is the difference between guardianship and power of attorney in Florida?
Guardianship is a legal relationship created by the court, while power of attorney is a private legal document that gives someone authority to act on your behalf. Once a guardian is appointed, any prior power of attorney is typically suspended. Guardianship offers more court supervision, which can be a safeguard against abuse—but it can also lead to problems if the wrong person is appointed.
Can a family member report guardianship abuse to the court?
Yes. Under Florida law, any interested person can notify the court of suspected wrongdoing. This could be a spouse, child, sibling, or even a concerned friend. The court can then require the guardian to submit updated reports or accountings. If evidence of abuse surfaces, the court can hold hearings and remove the guardian under Florida Statute § 744.474.
Are there criminal consequences for guardians who commit abuse?
Absolutely. Guardians who exploit or harm their wards can face criminal charges under Florida Statute § 825.103. This statute criminalizes the exploitation of elderly or disabled adults. If convicted, a guardian may face prison time, fines, and permanent removal from the guardianship registry.
Can someone request that a guardian be replaced with another person?
Yes. A formal petition can be filed with the probate court to request a change of guardian. The petitioner must show that the current guardian is unfit or that it’s in the ward’s best interest to have someone else. Courts may appoint a family member, a professional guardian, or another suitable person depending on the circumstances.
What protections are in place to monitor guardians in Florida?
Florida law requires all guardians to file initial and annual plans and accountings. These reports must detail the ward’s financial assets, living conditions, medical care, and future plans. The clerk of the court is also required to conduct audits, and professional guardians are subject to oversight from the Office of Public and Professional Guardians.
Is there a way to avoid guardianship entirely?
Yes. Many clients come to me looking to avoid guardianship. The best way to do this is through a combination of tools: a valid power of attorney, a healthcare surrogate designation, and a revocable living trust. These documents allow others to act on your behalf without the need for court intervention—provided they are executed before incapacity occurs.
What happens if a guardian passes away or becomes incapacitated?
If a guardian can no longer serve, the court will need to appoint a successor. In some cases, this is planned for in the original guardianship petition. In others, the court will evaluate new candidates. If no suitable family members are available, a professional guardian may be appointed to avoid gaps in care.
Can a guardian be held personally liable for misuse of funds?
Yes. Guardians are fiduciaries, and they are held to a high legal standard. If a guardian misuses funds, the court can order restitution. The guardian may also be sued personally in civil court. In egregious cases, criminal charges may be filed for theft, fraud, or exploitation.
What is the role of the court in monitoring guardianship?
The probate court is responsible for oversight. Judges review the initial inventory of assets, the annual accounting, and the care plan. If concerns arise, the court may order investigations or appoint a court monitor. As your Orlando Guardianship Attorney, I can petition the court to act when your loved one is at risk—or defend you if you’re a guardian being accused unfairly.
Is it expensive to petition for guardianship or to remove a guardian?
Costs vary depending on the complexity of the case. Guardianship proceedings often require court filings, medical evaluations, and legal representation. But the cost of doing nothing can be far worse—both emotionally and financially. If you’re concerned about your rights or your loved one’s safety, I can help you assess the options and take meaningful action.
Why Choose Attorney Beryl Thompson-McClary
My clients appreciate that I work both sides of the guardianship equation. Whether you’re trying to protect a loved one from abuse or you’re a guardian needing legal protection, I offer practical solutions grounded in Florida law.
I know this issue is personal. You’re not just hiring a lawyer—you’re trusting someone to help protect your family. My office takes that responsibility seriously. I provide the attention and follow-through these cases demand. If you need help in Orlando, Winter Park, Apopka, or anywhere in Orange County, call my office at 1-888-640-2999.
