How Florida Law Handles Family Disputes Over Guardianship and What You Can Do to Protect Your Loved One
Families in Orlando often come together during times of need, especially when an aging parent or an adult child with special needs requires protection. But what happens when family members disagree about who should serve as guardian? When more than one person wants to take on the responsibility, or when relatives dispute who is best suited, these conflicts can quickly turn emotional and complicated.
As an Orlando Guardianship Attorney, I’ve seen how difficult these situations can be. I’m Beryl Thompson-McClary, and I represent clients on both sides of guardianship disputes throughout Orange County, Florida. Whether you’re seeking guardianship for a loved one or you’re concerned about who might be appointed, I can help you understand your rights, Florida law, and what the court considers when making its decision. To schedule a consultation, call my office at 1-888-640-2999.
Let’s look at what Florida law says, how these matters are resolved, and what you need to know if you’re involved in a guardianship conflict.
What Happens When More Than One Family Member Petitions for Guardianship?
Florida law provides a legal process for appointing a guardian when someone—called the ward—is found to be legally incapacitated. This process is governed by Chapter 744 of the Florida Statutes. If multiple family members come forward to serve as guardian, the court must weigh the qualifications and intentions of each person, always prioritizing what is in the best interests of the ward.
It’s not unusual for siblings to disagree about who should manage a parent’s health care, finances, or living situation. These disputes can lead to court hearings, formal objections, and even accusations of mismanagement or unfitness. The court does not automatically favor any particular family member, regardless of birth order, financial status, or proximity.
Florida Statutes and Legal Considerations
Under Fla. Stat. § 744.312, the court considers a number of factors when more than one person seeks to be appointed guardian. These include:
- The person’s relationship to the ward
- The person’s ability to manage financial and personal affairs
- Any history of abuse, neglect, or exploitation
- Criminal background and financial responsibility
- Whether the person is a Florida resident
- The expressed wishes of the ward, if they are able to communicate
The judge has discretion to choose the guardian or co-guardians based on these considerations. If no family member is deemed appropriate, the court may appoint a professional guardian.
As your Guardianship Attorney in Orlando, I help present your qualifications clearly and persuasively. Whether you’re seeking to be appointed or opposing another person’s petition, we will prepare the evidence, testimony, and legal arguments that put your position in the strongest light.
When Guardianship Becomes Contested
Contested guardianship cases often begin when more than one person files a petition under Fla. Stat. § 744.334. The court must then schedule hearings to consider each petitioner’s qualifications, and it may also appoint an examining committee or guardian ad litem to investigate.
Common situations that lead to contested proceedings include:
- Two or more siblings each want to serve as sole guardian
- One family member believes another is unfit or has ulterior motives
- The ward expresses a preference that conflicts with a family member’s petition
- Allegations of prior financial abuse, fraud, or neglect
In these cases, I work closely with clients to present medical evidence, family history, and witness testimony. It’s critical to show the court not only that you care—but that you are capable, trustworthy, and willing to comply with all legal duties.
Representing Both Sides of the Issue
Sometimes, I represent a family member seeking to be appointed guardian. Other times, I represent a family member trying to prevent someone else from taking control. My role is to advocate for your position and for the ward’s safety and dignity.
If you’re concerned that another person is trying to gain control for financial reasons—or if you’ve been wrongly accused of being unfit—we’ll work together to present a compelling case. The judge’s decision will affect every aspect of the ward’s life, so it’s not a time to go unprepared or without legal support.
What If the Ward Expresses a Preference?
Florida law gives weight to the ward’s preferences if they are able to communicate. Under Fla. Stat. § 744.312(4), the court must consider whether the person in need of a guardian has nominated someone—either in writing or verbally. This often happens in an advance directive, pre-need guardian designation, or living will.
Even if the ward is partially incapacitated, the court may still consider their wishes. I’ve seen cases where an aging parent favored one child over another, and the court upheld that preference. In other cases, I’ve helped family members challenge that nomination if the ward was coerced, misled, or mentally impaired at the time.
Co-Guardianship as a Resolution Option
Sometimes, when both family members are suitable, the court may appoint co-guardians under Fla. Stat. § 744.312(3). This solution can allow siblings or relatives to share responsibility for managing the ward’s medical care, housing, or finances.
While co-guardianship can reduce conflict, it also requires cooperation and joint decision-making. If the relationship is hostile or marked by prior legal disputes, I often advise against co-guardianship as it can lead to deadlock and further court intervention.
Mediation and Settlement Options
In some contested cases, mediation can be useful. The Florida Probate Rules encourage mediation to resolve guardianship disputes outside the courtroom. Mediation allows the parties to reach agreement on:
- Who will serve as guardian
- How responsibilities will be divided
- What limitations or safeguards will be in place
- How future disputes will be handled
As your Orlando Guardianship Attorney, I prepare clients for mediation by identifying areas of flexibility, building persuasive proposals, and ensuring that the ward’s well-being remains the central focus.
When the Court Appoints a Professional Guardian
If family conflict becomes so intense that no one can agree—or if no petitioner is suitable—the court may appoint a professional guardian from the state registry. This outcome is common when:
- All family members have conflicts of interest
- The ward’s condition requires complex care
- There are allegations of misconduct
- There’s no viable family support system
While professional guardians are neutral and trained, they may not have personal knowledge of the ward’s preferences, values, or family history. Many families come to me to avoid this result by proposing a qualified, caring relative who can fulfill the duties without court intervention.
How I Can Help as an Orlando Guardianship Attorney
My role is to support you throughout this process—whether you’re fighting to be appointed, opposing another petition, or trying to resolve internal family disagreements. Guardianship cases are about more than just legal documents. They involve real people, complicated emotions, and serious responsibilities.
I represent clients in contested and uncontested guardianship matters throughout Orange County, and I understand the Florida statutes and procedures that apply in every case. You deserve experienced legal support when your loved one’s care and finances are at stake.
To schedule a consultation, call my office at 1-888-640-2999.
Florida Guardianship Frequently Asked Questions
What does Florida law say when multiple people want to be guardian of the same person?
Florida Statute 744.312 gives the court discretion to evaluate each proposed guardian’s qualifications and choose the one that is in the best interest of the ward. The court may consider family relationship, financial ability, criminal background, and the ward’s wishes before making a decision.
Can siblings share guardianship in Florida?
Yes, the court may appoint co-guardians if both individuals are qualified and the arrangement is in the ward’s best interest. However, co-guardians must be able to work together, make joint decisions, and avoid causing delays in care or financial oversight. If there’s too much tension between the two, the court may choose just one or appoint a third party.
How do I contest a guardianship petition in Florida?
You must file a formal objection with the probate court where the guardianship case was initiated. Your objection should be supported by facts, evidence, or testimony showing why the other person is not suitable or how you are better positioned to act in the ward’s best interest. Having legal representation during this process is critical.
What happens if the person needing guardianship has already designated someone?
If the ward named a pre-need guardian in writing, the court will consider that preference. However, if evidence shows that the person is no longer suitable—or that the ward was not competent when making the designation—the court can override the preference and appoint someone else.
Can a family member be disqualified from serving as guardian?
Yes. Florida courts may disqualify someone who has a felony conviction, a history of abuse or neglect, financial mismanagement, or a conflict of interest with the ward. The court will also disqualify anyone with serious health issues or other impairments that prevent them from fulfilling the duties of a guardian.
What happens when the court cannot decide between family members?
If family conflict becomes an obstacle to effective guardianship, the court may appoint a professional guardian. These are neutral individuals or agencies registered with the Statewide Public Guardianship Office. While they are trained and monitored, they often lack the personal connection that a family member might bring.
How long does a contested guardianship case take to resolve?
Contested cases can take several months, depending on the court’s schedule, the complexity of the disagreement, and whether additional investigation or expert testimony is required. During this time, the court may appoint an emergency temporary guardian to protect the ward’s immediate needs.
Can a family guardianship agreement be made outside of court?
Yes, families can enter into informal agreements or mediated settlements that outline who should serve as guardian. However, these agreements must still be presented to the court and approved as part of the legal guardianship proceeding.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
If you are involved in a guardianship dispute—or expect one to develop—you need legal guidance that protects both your rights and the well-being of your loved one. These matters are too important to leave to chance.