Understanding Legal Strategies for Financial Protection With Help From an Orlando Guardianship Attorney
If you’re in Orlando or anywhere in Orange County and have questions about how to legally protect assets through a guardianship, I can help. I’m Attorney Beryl Thompson-McClary, and I’ve guided families, caretakers, and concerned professionals through these legal decisions for years. Whether you’re worried about a vulnerable loved one losing control of their finances or you’re facing allegations involving asset mismanagement, it’s important to understand your rights and responsibilities under Florida law. To schedule a consultation, call my office today at 1-888-640-2999.
The Importance of Guardianship in Orlando
Orlando is home to families from all walks of life, and many of the clients who contact my office are either caring for an elderly parent with diminished capacity or parenting an adult child with special needs. When someone can no longer manage their personal or financial affairs safely, the law allows for the appointment of a guardian to step in and provide that protection. A properly established guardianship doesn’t just secure healthcare decisions—it also plays a critical role in protecting assets.
As an Orlando Guardianship Attorney, I’ve helped clients across Orange County create lawful guardianship arrangements that defend vulnerable individuals from financial abuse, exploitation, and neglect. I’ve also represented individuals who’ve been unfairly accused of mismanaging funds and need to defend their decisions before the court.
Understanding how guardianship intersects with asset protection is key to preserving someone’s dignity, their property, and their future.
Defining Guardianship and Its Asset-Related Functions
Under Florida Statute §744.102(9), a guardian is “a person who has been appointed by the court to act on behalf of a ward’s person or property, or both.” The ward, in these cases, is the individual who has been legally determined to lack the capacity to manage some or all areas of their life.
Guardianship may be limited or plenary. A limited guardianship only grants certain rights to the guardian, while a plenary guardianship removes nearly all rights from the ward and grants them to the guardian. When asset protection is the focus, the court will look closely at what the individual can and cannot manage and whether a guardian of the property is necessary.
There are several types of guardianships in Florida:
- Guardian of the person
- Guardian of the property
- Guardian advocacy (for developmentally disabled adults)
- Limited or plenary guardian
- Standby or preneed guardian
For financial protection, the guardian of the property is most relevant.
How a Guardianship Protects Assets
Guardianship of the property gives legal authority to manage the ward’s income, accounts, investments, debts, and any real estate they may own. This includes:
- Paying the ward’s bills and taxes
- Preserving assets from unnecessary liquidation
- Filing legal claims or defending against lawsuits
- Managing retirement accounts, real estate, and financial portfolios
- Preventing financial abuse by caregivers or third parties
- Gaining court approval before making major financial moves
All guardians of the property must be bonded and file an Initial Inventory and Annual Accounting as required by Florida Statutes §744.365 and §744.367. This mandatory oversight helps ensure that the guardian is not misusing or dissipating the ward’s assets.
Florida Statutes Governing Asset Protection Through Guardianship
Here’s what the law says about some of the most common issues involving guardianship and asset control in Florida:
- Florida Statute §744.446: This statute sets strict fiduciary duties. A guardian must act in good faith and in the ward’s best interest. Self-dealing, commingling of funds, or using the ward’s assets for personal benefit can result in removal and civil liability.
- Florida Statute §744.441: This outlines what actions require court approval, including the sale of real property, making gifts, or borrowing against the ward’s property.
- Florida Statute §744.312: This addresses who can be appointed as a guardian. A convicted felon or someone with a financial conflict of interest is generally not permitted to serve unless the court determines otherwise in exceptional circumstances.
- Florida Statute §744.3678: Requires annual reports detailing how the ward’s property is being managed. Courts are required to review and investigate inconsistencies.
Scenarios Where Guardianship Protects Financial Well-Being
I’ve seen many situations where guardianship is not just helpful—it’s absolutely necessary. Here are a few examples:
Elderly Parent With Cognitive Decline
An aging parent begins making erratic financial decisions, wiring large sums to online scammers or neglecting to pay bills. A guardianship allows an adult child or responsible party to step in legally to freeze inappropriate transactions and preserve assets.
Adult With Special Needs Turning 18
Once a child turns 18 in Florida, their parents no longer have the legal authority to manage their finances. A guardianship—usually through the Guardian Advocacy process—can be used to safeguard SSI, Medicaid benefits, and any inheritance or trust funds the adult child may have access to.
Guardianship to Prevent Undue Influence
In some cases, unscrupulous caregivers or distant relatives gain the trust of a vulnerable adult and attempt to coerce asset transfers or property changes. A guardianship can prevent power-of-attorney abuse and help return improperly taken assets.
Protecting the Ward from Financial Exploitation
Financial exploitation is one of the most common reasons families turn to my office for help. Once a guardianship is established, any person—including family—who tries to take advantage of the ward may face both civil and criminal penalties.
If I represent a guardian, I help ensure strict compliance with all required filings and provide legal guidance for any financial transactions needing court approval. If I represent someone contesting the actions of a guardian, I help file objections and request judicial review under Florida Statute §744.369(6).
When Guardianship is Contested
Not every case is clear-cut. Sometimes, family members disagree about who should serve as guardian or whether guardianship is even needed. If someone believes a loved one still has capacity, they can request an independent evaluation. Other times, siblings may suspect a guardian is misusing funds. In both cases, I work to protect the best interest of the ward while honoring all legal rights.
Whether you’re the petitioner seeking guardianship or the person facing a challenge, it’s critical to have legal guidance. The court won’t tolerate misuse of authority—and will intervene if guardianship has become abusive, unnecessary, or financially harmful.
Why Choose Me as Your Orlando Guardianship Attorney
As someone who has helped families throughout Orange County for decades, I understand that guardianship is often a last resort—but sometimes the only way to protect someone you love. I listen closely, respond quickly, and walk my clients through every step, from filing the petition to final hearings and annual reporting.
My background includes representing both petitioners and respondents, so I know the full scope of the legal challenges that come with these cases. If you need help pursuing or opposing a guardianship related to asset protection, I’m here to advise you with care and precision.
To schedule a consultation, call me at 1-888-640-2999. I handle guardianship matters across Orlando and throughout Orange County.
Frequently Asked Questions About Asset Protection and Guardianships in Florida
How does a guardianship protect against elder financial abuse?
A guardianship legally removes financial decision-making from a vulnerable adult and assigns it to a court-appointed guardian. The guardian is required to file annual accountings and seek court approval for major decisions, which helps prevent exploitation by family members, caregivers, or outsiders.
What’s the difference between a guardian of the property and a guardian of the person?
A guardian of the property is responsible for managing all financial matters on behalf of the ward. This includes bank accounts, real estate, investments, debts, and legal claims. A guardian of the person handles decisions about healthcare, housing, and daily care. One person can serve both roles, or the court can split them.
Can I be removed as a guardian if someone claims I mishandled funds?
Yes. Under Florida law, if the court determines that you failed to follow your fiduciary duties or misused assets, you can be removed, surcharged, and potentially referred for criminal prosecution. That’s why legal representation is so important to ensure every action is done by the book.
Does my loved one lose all rights under guardianship?
Not always. Florida courts are required to tailor guardianships to the specific needs of the ward. If someone can manage certain aspects of their life, such as voting or managing a small allowance, they may retain those rights. The goal is always to preserve as much autonomy as safely possible.
Is guardianship the only way to protect assets?
No. Sometimes a properly drafted durable power of attorney, trust, or joint account can avoid the need for guardianship. However, if the person lacks capacity to sign new documents or there is active exploitation occurring, guardianship may be the only option left.
What if I disagree with who the court appointed as guardian?
You have the right to file an objection and request a hearing. The court will consider your concerns and review whether the appointment was appropriate. You must show evidence that the appointed guardian is unfit, unwilling, or acting against the ward’s interests.
How long does guardianship last?
Guardianship lasts as long as the court determines the ward is incapacitated or until the guardian is removed or replaced. It can be permanent, or it may end if the ward regains capacity or passes away. All guardianships require periodic court oversight.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’re facing a guardianship issue involving asset protection—whether you’re seeking to safeguard a loved one’s finances or responding to concerns raised by others—your next steps matter. I’m here to help you understand your options, fulfill your legal obligations, and protect what matters most. Every guardianship case is personal, and every solution must be precise.
I represent clients throughout Orlando and all across Orange County in both contested and uncontested guardianship matters. Call my office today at 1-888-640-2999 to schedule a confidential consultation and get clear, experienced legal guidance tailored to your situation.
