Understanding Your Rights and Legal Options When Disputing or Challenging a Guardianship
Orlando is a city where family ties and generational caregiving often go hand in hand. As a Guardianship Attorney in Orlando, I often meet families who find themselves involved in sensitive disputes surrounding the appointment of a guardian. Whether you believe a guardianship is unnecessary, fear that the proposed guardian is unfit, or simply want to understand your rights in a contested proceeding, it’s important to know that Florida law gives family members multiple avenues to raise their concerns.
I’m Beryl Thompson-McClary, and I help people throughout Orange County handle contested guardianships, contested appointments, and post-appointment concerns with clarity and legal precision. If you are concerned about a guardianship appointment—whether it has already occurred or is currently being considered—I encourage you to schedule a consultation by calling 1-888-640-2999. I help both sides of these complex matters, and I understand how delicate and emotionally charged they can be.
The Guardianship Appointment Process in Florida
Under Florida law, a guardianship is initiated when someone files a petition alleging that an individual (the alleged incapacitated person or “AIP”) lacks the capacity to make decisions regarding their person, property, or both. Florida Statutes Chapter 744 governs the entire guardianship process.
The court then appoints a three-member examining committee to evaluate the AIP and provide recommendations regarding incapacity. A separate attorney is appointed to represent the AIP’s interests. If the court finds the person incapacitated after a hearing, it may appoint a guardian.
But what if you believe the wrong person is being appointed as guardian? Or that your loved one does not require a guardian at all? That’s where legal remedies come into play.
Legal Grounds to Challenge a Guardianship Appointment
Florida law allows family members or other interested parties to challenge various aspects of a guardianship proceeding. Some of the most common concerns include:
- The person nominated or appointed as guardian is unfit
- The alleged incapacitated person is not truly incapacitated
- The guardian has a conflict of interest
- The guardian is abusing or neglecting their authority
- The appointment process was procedurally flawed
Florida Statute §744.312 gives the court broad authority to consider petitions from any interested person regarding the suitability of a guardian. If you have credible evidence that your loved one is not being protected or that their rights are being violated, you have the legal standing to act.
Objecting to the Appointment of a Guardian
If the court has not yet appointed a guardian and you have concerns about a proposed appointment, you can file an objection before the hearing. Florida law permits interested persons to submit written objections and appear at the incapacity hearing. You may present evidence or testimony to show why the guardianship is unnecessary or why another individual would be a better fit.
In many cases, a family member may argue that a less restrictive alternative is available, such as:
- A valid durable power of attorney
- A health care surrogate designation
- A trust or other advanced planning document
The court must consider whether a less restrictive means is available before appointing a guardian. This is an important tool for those who believe the guardianship petition is premature or unnecessary.
Removing or Replacing a Guardian
If a guardian has already been appointed, but you believe they are not acting in the best interests of the ward, you can file a petition under Florida Statute §744.474 to seek removal. Common reasons include:
- Abuse, neglect, or exploitation of the ward
- Mismanagement of assets or failure to account
- Failure to comply with court orders
- Conflict of interest or hostility toward family members
The court may remove the guardian and appoint someone else if it finds that removal is in the best interests of the ward. In some cases, a temporary guardian may be appointed while allegations are investigated.
Requesting an Independent Investigation
Family members may also request an investigation by a court monitor. Under Florida Statute §744.107, a judge can appoint a monitor to investigate the conduct of a guardian if someone submits a verified complaint. This is often used when financial mismanagement, emotional abuse, or isolation of the ward is suspected.
The monitor will file a report with the court, and if serious violations are found, the court may take action, including removing the guardian, imposing sanctions, or referring the case to law enforcement.
Filing for Restoration of Rights
In some cases, a guardianship may have been appropriate at the time of appointment but is no longer necessary. Florida law allows interested parties to petition for restoration of capacity if the ward has recovered the ability to manage some or all of their affairs.
This process involves obtaining updated medical evaluations and presenting evidence to the court. The guardian’s authority may be reduced or terminated entirely if the judge finds restoration is appropriate.
The Importance of Legal Representation
Whether you’re trying to stop a proposed guardianship, remove an unfit guardian, or ensure that your loved one’s voice is heard, you need a legal advocate who understands both the law and the human side of these cases.
As an Orlando Guardianship Attorney, I help people from all walks of life, including:
- Children concerned about a parent’s care
- Spouses with financial concerns
- Siblings disputing a proposed guardian
- Friends or caregivers with legitimate worries about mistreatment
I also represent guardians who have been wrongly accused and need to defend their conduct.
Every guardianship case is different, and emotions often run high. The legal process requires a careful, respectful approach to ensure your concerns are heard without making things worse. If you’re ready to take legal action or simply want to understand your options, call me at 1-888-640-2999 to schedule a consultation.
Frequently Asked Questions
What if I believe my sibling is unfit to be a guardian for our parent?
If you believe your sibling is not acting in your parent’s best interest or has a financial or emotional conflict, you have the right to object to their appointment or seek their removal. You must present evidence and follow the formal court procedures. The court’s primary focus is on the best interests of the ward.
Can multiple family members petition to be the guardian?
Yes. Florida courts allow multiple family members to express interest in serving as guardian. If more than one person applies, the court will review each candidate’s qualifications, relationship to the ward, potential conflicts of interest, and ability to serve. The court has full discretion to choose the most appropriate guardian.
Can I object to a guardianship before it’s even appointed?
Yes. If a petition for guardianship has been filed and you have concerns, you can file a written objection and appear at the hearing. You can also provide alternative planning documents, like a power of attorney or healthcare surrogate, to show that a guardianship isn’t needed.
What happens if a guardian is misusing funds?
If you suspect a guardian is mismanaging money or abusing their authority, you can file a petition to remove them or request that the court appoint a monitor. Florida law takes financial abuse seriously, and guardians are legally required to account for every dollar spent from the ward’s estate.
Can a guardianship be modified or limited?
Yes. Guardianships can be tailored to match the ward’s actual needs. For example, a person may need help with finances but still be capable of making medical decisions. Family members can request a limited guardianship, or petition to modify an existing one, with appropriate medical evidence.
What if the person under guardianship gets better?
If the ward’s condition improves and they regain capacity, the court can restore some or all of their rights. A petition for restoration can be filed by the guardian or any interested party. Medical evaluations are usually required to support the request.
Do I need a lawyer to contest a guardianship in Florida?
Yes. Guardianship law is highly procedural and emotionally sensitive. Whether you’re seeking to intervene or protect yourself from a false accusation, it’s important to work with someone who understands the Florida court system and can effectively represent your interests.
How do I schedule a consultation with your office?
Call my office at 1-888-640-2999 to schedule a consultation. I represent clients throughout Orange County and can give you specific legal advice based on your situation. I do not offer free consultations, but I do offer meaningful guidance and representation for those who want to protect their loved ones and their rights.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’re concerned about a guardianship appointment in Florida and need legal guidance on how to protect your loved one or challenge a guardian, take the first step today.
