A Clearer Path to Peace for Families Facing Guardianship Issues
In a place as vibrant and diverse as Orlando, family dynamics are just as varied as the people who call Central Florida home. But when someone you care about becomes incapacitated or unable to manage their affairs, families are often forced into difficult decisions. Emotions run high, and sometimes disagreements turn into full-blown legal battles. I’m Beryl Thompson-McClary, a Guardianship Attorney in Orlando, and I’ve helped many families across Orange County find ways to avoid these painful and expensive court fights.
My approach is grounded in the law, focused on the facts, and always shaped by the best interests of the person who needs protection. Whether you’re trying to establish a guardianship or you’re worried about someone being taken advantage of, it’s important to understand how these conflicts start—and what you can do to prevent them.
If you need help with a guardianship matter, call my office at 1-888-640-2999 to schedule a consultation. I serve clients throughout Orange County and am here to help protect your loved ones and your family relationships.
Why Guardianship Disputes Arise in Florida
Guardianship battles often happen when there is a breakdown in communication, a lack of trust, or confusion over a loved one’s wishes. Florida law allows any adult to petition the court to become the guardian of someone who is allegedly incapacitated. But when multiple family members disagree about who should be appointed—or whether guardianship is even necessary—the case can escalate quickly.
These disagreements are often rooted in genuine concern. One child may believe their parent is being manipulated. Another may argue that the parent is still capable of making decisions. Without clear evidence, the court is left to sort through conflicting accounts, and families may be left divided.
As an Orlando Guardianship Attorney, I’ve seen these conflicts unfold from all angles. Sometimes, I represent family members who are worried that another relative is trying to seize control. Other times, I help guardians defend themselves against unfair accusations. Either way, my job is to keep the focus where it belongs: on the welfare of the individual who needs protection.
Florida Law and Guardianship Petitions
The legal process for establishing guardianship is outlined in Florida Statutes Chapter 744, which provides detailed guidance on everything from determining incapacity to assigning a guardian. When a petition is filed, the court will appoint an examining committee to evaluate the person in question. Based on their findings, the judge decides whether guardianship is necessary and who should serve.
Under Fla. Stat. §744.331, the alleged incapacitated person has the right to legal representation, to attend the hearing, and to present evidence. This means that even before a guardian is appointed, the case can become contentious if there are conflicting reports or competing petitions from family members.
Once a guardian is appointed, the responsibilities and limitations of that guardian are clearly defined under Fla. Stat. §744.361. Guardians must act in the ward’s best interests, submit annual reports, and seek court approval for major decisions. But even after appointment, disputes can arise—especially if other family members feel excluded, suspicious, or concerned about financial decisions.
How to Avoid Guardianship Disputes Before They Start
Disagreements over guardianship can often be prevented with early planning and open communication. Here are several steps I advise clients to take if they want to reduce the likelihood of family conflict:
- Advance Planning: Encourage your loved ones to create durable powers of attorney, healthcare surrogates, and living wills before any issues arise. These documents make it clear who is authorized to make decisions and under what circumstances.
- Family Discussions: Talk to your family about your preferences or your loved one’s wishes. While these conversations may feel uncomfortable, they can prevent misunderstandings later.
- Trust-Based Estate Planning: Consider creating revocable or irrevocable trusts that include language on successor trustees, incapacity provisions, and asset protection. This can reduce the need for court-appointed guardianship altogether.
- Use a Professional Guardian: When family dynamics are too strained, appointing a neutral third party may be the best way to avoid personal disputes. Courts in Florida recognize and approve professional guardians in appropriate cases.
As your Guardianship Attorney in Orlando, I can guide you through each of these steps and ensure your documents are legally valid and properly executed.
When Disputes Are Already Happening
If your family is already in conflict over a guardianship case, it’s important to act carefully and legally. Filing petitions without understanding the full implications can backfire. I work with clients on both sides—those seeking guardianship and those defending themselves from what they believe is an unnecessary or harmful petition.
Here are some steps we may take:
- Demanding Evidence: Under Fla. Stat. §744.3201, every petition for incapacity must include factual statements, not just opinions. If another party makes unfounded claims, we can challenge their petition.
- Requesting Mediation: Florida guardianship courts often allow or encourage mediation. This can help families reach an agreement outside of the courtroom.
- Filing Objections or Cross-Petitions: If you believe someone else should be appointed guardian, or if you think the person seeking control is not fit to serve, we can file the appropriate documents to protect your loved one’s interests.
- Seeking Court Oversight or Removal: If a guardian is already appointed but mismanaging assets or violating duties, I can petition the court under Fla. Stat. §744.474 for oversight or removal.
Guardianship cases should be focused on care and protection—not power struggles. With experienced legal support, you can make sure the court hears the facts clearly and avoids unnecessary escalation.
The Cost of Guardianship Litigation
Legal battles over guardianship aren’t just emotionally painful—they can be financially damaging. Multiple petitions, attorney fees, expert witnesses, and extended court hearings all add up. Worse, these costs are often paid from the ward’s estate.
That’s why I always explore ways to avoid full-scale litigation when possible. Mediation, negotiated settlements, and third-party guardianships can often preserve family relationships and protect the ward’s finances. But if your case does require litigation, I’m prepared to represent you with clarity, compassion, and the full force of Florida law.
Why Choose Me as Your Orlando Guardianship Attorney
I understand the sensitive nature of guardianship cases. Families are often under stress, and emotions can make communication difficult. My role is to serve as a steady legal guide, to help you understand your rights, and to make sure your loved one receives the protection they need.
Whether you’re trying to set up a guardianship, respond to a petition, or resolve a conflict over an existing arrangement, I’m here to help. I represent clients throughout Orange County and I offer clear, practical legal advice based on years of real experience in Florida guardianship law.
If you are facing or anticipating a guardianship dispute, call my office at 1-888-640-2999 to schedule a consultation.
Frequently Asked Questions
What are the main causes of guardianship disputes in Florida?
Disputes usually arise from disagreements about who should serve as guardian, whether the person truly needs a guardian, or how the ward’s assets are being handled. Emotions, misunderstandings, and lack of planning often contribute to these conflicts. When families communicate early and establish clear legal documents, many of these disputes can be avoided.
Can a guardianship dispute be resolved without going to court?
Yes. Mediation is an option in many Florida guardianship cases and is often encouraged by the court. If both sides are willing to compromise, they can agree on a guardian or an alternative plan that avoids prolonged litigation. Mediation can save time, preserve relationships, and reduce expenses.
Who has the right to file for guardianship in Florida?
Any adult can file a petition for guardianship of another person in Florida. That includes family members, friends, or professional caregivers. However, just because someone files doesn’t mean they will be appointed. The court reviews the facts and considers the best interests of the alleged incapacitated person.
What legal protections exist to prevent abuse of guardianship?
Florida law imposes strict fiduciary duties on guardians and requires annual reports, accountings, and judicial oversight. Interested parties can file complaints or petitions if they suspect financial abuse, neglect, or other misconduct. Guardians can be suspended or removed if they fail to perform their duties properly.
Can someone object to a guardianship if they think it’s unnecessary?
Yes. Under Florida Statutes, the alleged incapacitated person has the right to contest the petition. Additionally, family members and other interested parties can file objections or alternative petitions. The court considers medical evidence, expert testimony, and family input when deciding whether to impose a guardianship.
What if two or more people want to serve as guardian?
When multiple people petition to be appointed, the court evaluates each candidate’s qualifications, relationship to the ward, history of involvement, and ability to carry out fiduciary duties. The judge may appoint one guardian or, in some cases, co-guardians. However, co-guardianships can lead to conflict unless carefully managed.
Is it possible to avoid guardianship altogether?
In many cases, yes. With proper estate planning documents, such as durable powers of attorney, advance healthcare directives, and revocable trusts, families can avoid guardianship proceedings. These legal tools allow trusted individuals to step in without court involvement if someone becomes incapacitated.
Can a guardianship be changed or terminated later?
Yes. If circumstances change—such as recovery of capacity or discovery of misconduct—an interested party can petition the court to modify, terminate, or replace the guardianship. The ward also has the right to seek restoration of their rights if they regain the ability to manage their own affairs.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
If you are concerned about preventing or resolving a guardianship dispute in Florida, it’s important to act thoughtfully and legally. These cases impact people’s lives and finances in a serious way.
