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The Difference Between Guardianship and Conservatorship in Florida

The Difference Between Guardianship and Conservatorship in Florida

Understanding Florida Law and How the Courts Distinguish These Two Roles

Orlando is a city filled with families, retirees, and professionals who often find themselves planning for the future or addressing legal questions about caring for loved ones who cannot manage their own affairs. Whether the issue involves an elderly parent who has lost the ability to make medical decisions, or an adult child with special needs requiring long-term protection, Florida law provides court-supervised options to safeguard vulnerable individuals.

As an Orlando Guardianship Attorney, I am often asked about the difference between guardianship and conservatorship in Florida. While the two terms are sometimes used interchangeably, they have distinct legal meanings and processes under Florida statutes. Understanding this difference is critical if you are considering petitioning the court or responding to a petition.

I am Attorney Beryl Thompson-McClary, and I assist families throughout Orange County and across Florida with both guardianship and conservatorship cases. These matters are deeply personal, and they often come with high emotions and significant financial consequences. If you are facing a guardianship or conservatorship case, call me at 1-888-640-2999 to schedule a consultation.

How Florida Law Defines Guardianship

Florida Statutes, Chapter 744, governs guardianships. A guardianship is created when the court determines that an individual, known as the ward, lacks the capacity to make some or all of their personal, medical, or financial decisions. A guardian is then appointed to act in the ward’s best interest.

Guardianship may be:

  • Plenary Guardianship – granting full authority over all personal and financial decisions.
  • Limited Guardianship – where the ward retains some rights, and the guardian only has authority over specified matters.

The guardian’s responsibilities are extensive and include:

  • Managing finances and filing annual accountings.
  • Making medical and healthcare choices.
  • Protecting assets from misuse or exploitation.
  • Acting in compliance with court oversight.

Because guardianship is such a significant intrusion into a person’s rights, Florida courts only grant it when less restrictive alternatives are unavailable.

How Florida Law Defines Conservatorship

Conservatorships are less common in Florida than in some other states, but they are specifically addressed in Florida Statutes, Chapter 747. A conservatorship is created when a person who owns property in Florida is absent—for example, missing, detained, or otherwise unable to manage their affairs because of disappearance or confinement.

In such cases, a conservator may be appointed to:

  • Collect income and manage the absentee’s property.
  • Protect assets until the person returns or is located.
  • Pay necessary expenses and debts on the absentee’s behalf.

Unlike guardianship, conservatorship does not require a finding of incapacity. It is used when someone cannot manage their assets because they are not physically present, rather than because of mental or physical impairment.

Comparing Guardianship and Conservatorship

While both systems are designed to protect individuals and their property, there are critical differences:

  • Guardianship is focused on protecting people who cannot care for themselves due to incapacity or disability.
  • Conservatorship is focused on protecting property of individuals who are missing, absent, or detained.
  • Guardianship often involves decisions about both health care and finances, while conservatorship is generally limited to financial and property matters.
  • Guardianships are more commonly used in Florida, especially in cases involving elderly individuals and adults with special needs. Conservatorships are rare but vital in situations involving absentees.

When Guardianship May Be Necessary

As your Guardianship Attorney in Orlando, I often help families petition for guardianship when:

  • A senior loved one is suffering from dementia or Alzheimer’s disease.
  • An adult child with developmental disabilities turns 18 and needs continued oversight.
  • A person with a serious illness or injury can no longer manage medical and financial decisions.

In these cases, guardianship provides a legal pathway for families to ensure that important matters are managed responsibly under court supervision.

When Conservatorship May Be Necessary

Conservatorship is less common, but it is appropriate when:

  • A person goes missing and leaves behind property that requires management.
  • A Florida resident is imprisoned or detained and cannot handle financial matters.
  • Military service members or international travelers are absent for extended periods and cannot manage their Florida-based assets.

These cases require careful legal handling because the absentee’s rights are still preserved, and the conservatorship ends once the individual returns or is found.

Florida Statutes That Apply

  • Florida Statutes, Chapter 744 – Governs guardianships, detailing the duties of guardians, procedures for appointment, and protections for wards.
  • Florida Statutes, Chapter 747 – Governs conservatorships, outlining the appointment process, conservator duties, and termination when the absentee returns.

Both statutes require strict compliance and court oversight, ensuring accountability and protection of rights.

The Court’s Oversight

In both guardianship and conservatorship, the court is the final authority. The court reviews petitions, appoints guardians or conservators, and requires regular reporting. This oversight is designed to protect vulnerable individuals and prevent abuse, mismanagement, or exploitation.

How I Help Families in Orlando

As an Orlando Guardianship Attorney, I handle all aspects of guardianship and conservatorship proceedings, including:

  • Filing petitions with the court.
  • Representing families in hearings.
  • Ensuring compliance with Florida statutes.
  • Advising guardians and conservators on their responsibilities.
  • Protecting the rights of wards and absentees.

I also represent family members who may have concerns about guardianship or conservatorship arrangements, including disputes over appointments, fees, or property management.

If you are facing either side of these issues, call me at 1-888-640-2999 to schedule a consultation.

FAQs About Guardianship and Conservatorship in Florida

What is the main difference between guardianship and conservatorship?
Guardianship involves caring for people who lack capacity, while conservatorship involves managing the property of individuals who are absent or missing.

Does Florida use conservatorship often?
No. Conservatorship in Florida is rare and only applies in cases involving absentees. Guardianship is far more common, especially for elderly individuals and adults with special needs.

Can conservatorship and guardianship exist at the same time?
Yes, in rare cases. For example, a person might need a guardian for personal decisions while also having a conservator managing property because of absence from the state.

What rights are lost under guardianship?
Depending on whether it is limited or plenary, a ward may lose rights such as managing finances, making healthcare decisions, or entering contracts. Courts tailor guardianship to the individual’s needs.

Can conservatorship be contested?
Yes. Interested parties can challenge the need for conservatorship or the choice of conservator, just as they can in guardianship proceedings.

Do guardians and conservators get paid?
They may receive reasonable compensation for their services, but all fees must be approved by the court.

What alternatives exist to guardianship?
Alternatives include durable powers of attorney, healthcare surrogates, and trusts. Courts prefer these less restrictive options when appropriate.

How long does conservatorship last?
A conservatorship continues until the absentee returns or is found. At that time, the conservator must return control of the assets to the individual.

Can a guardianship end?
Yes. Guardianship may be terminated if the ward regains capacity, passes away, or if the court determines it is no longer needed.

Why hire an Orlando Guardianship Attorney?
Because both guardianship and conservatorship involve strict legal procedures and oversight, an attorney ensures compliance with the law and protects the rights of everyone involved.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you are dealing with guardianship or conservatorship issues in Florida, I am here to help you understand your rights and responsibilities under state law. Call me today at 1-888-640-2999 to schedule a consultation and protect your loved one’s future.

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How Guardianship Works for Minors Who Inherit Assets in Florida

How Guardianship Works for Minors Who Inherit Assets in Florida

Protecting Children and Their Financial Futures in Orlando

Orlando is a city filled with families, professionals, and retirees who want to make sure their children are secure, both now and in the future. One of the most challenging situations that can arise is when a child inherits assets. Because minors cannot legally manage money or property in Florida, a guardianship may be required.

As an Orlando Guardianship Attorney, I have seen firsthand the challenges families face when minors receive inheritances through life insurance, retirement accounts, lawsuits, or estates. Parents and family members often want to protect the assets until the child reaches adulthood, while others worry about how guardianship fees and court oversight may impact the estate. My role is to guide you through this process and ensure the child’s best interests are protected under Florida law.

If you are facing a guardianship issue for a child who has inherited assets, call me, Attorney Beryl Thompson-McClary, at 1-888-640-2999 to schedule a consultation. I handle guardianship cases throughout Orange County and across Florida.

Why Guardianship Is Needed for Minors Who Inherit Assets

Under Florida law, minors (anyone under 18 years old) cannot manage significant assets in their own name. Florida Statute §744.301 specifically states that if a minor receives property worth more than $15,000, a legal guardianship is required. This applies to inheritances, settlements, life insurance proceeds, or any other financial gift.

If the assets are below $15,000, the law allows parents or natural guardians to manage them without court intervention. But once the threshold is exceeded, the court steps in to appoint a guardian of the property.

This ensures that:

  • The minor’s assets are protected until adulthood
  • A court-appointed guardian is accountable for how the money is managed
  • Annual reports and accountings are filed to prevent misuse

The Process of Establishing Guardianship of a Minor’s Assets

The legal steps for establishing guardianship over a child’s inheritance are carefully outlined in Florida Statutes Chapter 744. Here’s what typically happens:

  1. Filing a Petition – A family member or interested party files a petition for guardianship with the court.
  2. Guardian Appointment – The court appoints a qualified guardian to oversee the child’s assets. Parents are often chosen, but if there are disputes, the court may consider another party.
  3. Guardian’s Duties – The guardian must safeguard the child’s inheritance, invest it wisely, and use it only for the child’s benefit with court approval.
  4. Court Oversight – Guardians must file detailed accountings each year, showing exactly how the child’s assets are managed.
  5. Termination – When the child turns 18, guardianship ends, and the assets are transferred directly to the young adult.

Concerns Families Have About Guardianship

From the Guardian’s Side

Parents or guardians often want the freedom to use inherited funds for the child’s education, medical care, or daily needs. They may feel frustrated by the paperwork, reporting requirements, and court oversight. They also worry about attorney’s fees, guardian’s fees, and court costs reducing the inheritance.

As your Guardianship Attorney in Orlando, I work to ensure that petitions are drafted correctly, expenses are minimized, and the court process runs smoothly so that more of the inheritance is preserved for the child.

From the Family’s Side

Other family members may worry about whether the guardian is truly protecting the child’s money. Disputes often arise when a guardian seeks to use the inheritance for things beyond the child’s immediate needs. For example, relatives may object if funds are withdrawn for private school, vacations, or housing improvements.

In these cases, I represent concerned family members who want to object to questionable spending or request greater accountability from the guardian. Florida courts carefully review these objections to safeguard the minor’s best interests.

Florida Statutes Governing Minor Guardianships

Several key sections of Florida law apply to these cases:

  • §744.301 – Natural guardians may handle assets up to $15,000 without court intervention. Above that, formal guardianship is required.
  • §744.3025 – Court approval is required for settlements involving minors.
  • §744.361 – Guardians must act in the best interest of the ward and follow fiduciary duties.
  • §744.367 – Guardians must file annual accountings and reports with the court.
  • §744.441 – Certain financial actions, such as selling property or making major investments, require court approval.

These statutes show how closely the Florida courts monitor guardianships. While the law is designed to protect minors, it can also place significant responsibilities on the guardian.

Ramifications of Florida’s Guardianship Laws

The implications of these laws are significant. For families, it means that:

  • A parent cannot automatically control large inheritances without court involvement
  • Every dollar spent must be accounted for and approved
  • Mismanagement can result in removal of the guardian or even legal liability
  • The minor’s inheritance is generally preserved until age 18, at which point they gain full access

This system ensures protection for the child but also creates tension for families who want flexibility in managing assets.

FAQs About Guardianship for Minors Who Inherit Assets in Florida

Why can’t parents automatically manage their child’s inheritance?
Florida law limits parental control over inheritances above $15,000 to protect children from financial mismanagement. The court requires a formal guardianship so there is oversight and accountability.

What is the difference between guardianship of the person and guardianship of the property?
Guardianship of the person involves making decisions about the child’s care, education, and health. Guardianship of the property applies only to the child’s assets and inheritance. In many cases, parents already have guardianship of the person, but guardianship of the property must still be established through the court.

Can guardians use inheritance funds for daily expenses?
Yes, but only for expenses that directly benefit the child, such as tuition, medical care, or housing. Many expenditures require prior court approval, and guardians must justify the use of funds in annual accountings.

What happens if the inheritance is misused?
If a guardian mismanages funds, the court can order repayment, reduce or deny fees, or remove the guardian entirely. In serious cases, the guardian may face legal liability.

Do inheritance funds automatically go to the child at age 18?
Yes. Once the child turns 18, guardianship ends, and the funds are released directly to the young adult. Some parents set up trusts to extend control beyond 18 if they believe the child is not mature enough to handle significant money.

Can guardianship be avoided altogether?
Yes, with proper estate planning. Parents or grandparents can set up a trust for a child, naming a trustee to manage assets until a specified age. This prevents court involvement and often saves time and costs.

Who decides who becomes the guardian?
The court makes the final decision, though parents are typically favored. If there are disputes or concerns about the parent’s ability to manage funds, the judge may appoint another suitable adult or professional guardian.

Are guardianship proceedings public?
Yes, guardianship cases are filed in the court system, which means some records are public. However, financial details are often protected to safeguard the child’s privacy.

What role does an Orlando Guardianship Attorney play in these cases?
I help families petition for guardianship, comply with court reporting, defend guardians accused of mismanaging funds, or represent relatives who wish to object. My goal is to protect the child’s inheritance while ensuring the law is followed.

How much does it cost to set up guardianship in Florida?
Costs vary depending on the size of the inheritance, whether disputes arise, and the court’s requirements. Expenses may include court filing fees, guardian’s fees, and attorney’s fees. During a consultation, I provide a detailed estimate so families can plan ahead.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Guardianship for minors who inherit assets is a complex process under Florida law. Whether you are a parent seeking to protect your child’s inheritance or a family member concerned about how assets are being managed, I can help you understand your rights and responsibilities. Call me at 1-888-640-2999 to schedule a consultation and protect your loved one’s future.

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The Role of Professional Guardians in Florida

The Role of Professional Guardians in Florida

Understanding Their Responsibilities and Oversight in Orlando and Across the State

Orlando is a city filled with families, retirees, and individuals who may one day need guardianship services. In many cases, a family member steps forward to take on the role of guardian. But sometimes, due to conflicts, lack of availability, or the complexity of the case, Florida courts appoint a professional guardian instead. As an Orlando Guardianship Attorney, I’ve represented both professional guardians and families concerned about the appointment of a stranger to manage the affairs of a loved one.

My name is Beryl Thompson-McClary, and I assist clients in guardianship cases throughout Orange County and the greater Orlando area. If you are facing a guardianship issue, it is important to understand the role of professional guardians under Florida law, the oversight they receive, and the rights of families to question or challenge their actions. If you’d like to discuss your situation, call me at 1-888-640-2999 to schedule a consultation.

What Is a Professional Guardian?

A professional guardian is someone who has been appointed by a Florida court to manage the personal, financial, or medical affairs of a ward (the person under guardianship) when no qualified family member is available or willing to serve. These guardians often manage multiple cases at a time and are regulated by Florida law to ensure they act in the best interests of their wards.

Florida Statute §744.102(17) defines a professional guardian as any guardian who has at any time been appointed to three or more wards, excluding relatives or certain corporate entities. Professional guardians must undergo training, be registered with the Office of Public and Professional Guardians, and are subject to strict oversight.

Why Professional Guardians Are Appointed

There are several reasons why a professional guardian may be necessary:

  • No Family Available: Sometimes there are no close relatives to serve as guardian.
  • Conflict Among Family Members: Courts may choose a neutral professional to avoid disputes.
  • Complex Estates: High-value financial matters may require a professional with experience.
  • Elderly or Isolated Individuals: Seniors with no close family in Florida often require a professional guardian.

As an Orlando Guardianship Attorney, I often see families who are uneasy with the idea of a stranger managing their loved one’s life. On the other hand, there are cases where professional guardianship is the most practical and safe solution.

Duties of Professional Guardians Under Florida Law

Professional guardians have many of the same responsibilities as family guardians, but they operate under heightened scrutiny. Their responsibilities include:

  • Managing the ward’s financial assets
  • Ensuring medical needs are met and healthcare decisions are made appropriately
  • Filing required annual accountings and reports with the court
  • Protecting the ward from financial exploitation or neglect
  • Obtaining court approval before making major financial or personal decisions

Florida Statute §744.361 sets out the duties of guardians, including acting in good faith, avoiding conflicts of interest, and preserving the assets of the ward.

Oversight of Professional Guardians

Florida law recognizes the potential risks of giving one individual authority over another person’s life and assets. As a result, professional guardians are closely monitored:

  • Licensing and Training: They must complete state-mandated training and certification.
  • Background Checks: Fingerprints and criminal background checks are required.
  • Court Supervision: Judges review all reports, financial accountings, and fee requests.
  • Office of Public and Professional Guardians: This state agency monitors compliance and investigates complaints.

These safeguards exist to protect wards from abuse, but disputes still arise, which is why families sometimes need legal representation to challenge a guardian’s actions.

The Benefits of Professional Guardians

From one perspective, professional guardianship provides several benefits:

  • Neutrality in family disputes
  • Professional training in financial and healthcare management
  • Experience in handling complex estates or government benefit programs
  • A reliable option when no family member is available

In many cases, a professional guardian can provide stability and care for vulnerable adults who would otherwise have no one to assist them.

The Concerns About Professional Guardians

On the other side, professional guardianship is not without controversy. Concerns include:

  • High Costs: Professional guardians are entitled to fees, which must be paid from the ward’s estate and approved by the court.
  • Loss of Family Control: Loved ones may feel excluded from decisions.
  • Potential for Abuse: Like any fiduciary position, there is a risk of mismanagement or exploitation.
  • Overextended Guardians: Some professional guardians manage dozens of cases at once, raising questions about how much personal attention each ward receives.

As an Orlando Guardianship Attorney, I represent families who want to ensure that professional guardians are acting properly and not taking advantage of their authority.

Florida Statutes and Case Law Governing Professional Guardians

Florida Statutes provide the framework for professional guardianship. Relevant provisions include:

  • §744.102(17) – Defines professional guardianship.
  • §744.108 – Governs compensation of guardians and attorneys.
  • §744.361 – Lists duties and responsibilities of guardians.
  • §744.367 – Requires annual accountings and reports.

Courts in Orlando and throughout Florida interpret these statutes to protect the rights of wards and their families. Judges have discretion to remove guardians who fail to meet their obligations.

How I Help Clients in Professional Guardianship Cases

Whether you are a professional guardian seeking guidance or a family member concerned about the appointment of a professional guardian, I can help you understand your rights and the process. I assist with:

  • Petitioning for or contesting the appointment of a professional guardian
  • Reviewing guardianship reports and accountings
  • Filing objections to excessive fees or questionable actions
  • Representing guardians in court to obtain approvals
  • Seeking removal of guardians who fail to act in the ward’s best interests

Every guardianship case is unique, and I tailor my approach to meet the needs of the families and individuals involved.

If you need help with a guardianship matter in Orlando or anywhere in Orange County, call me at 1-888-640-2999 to schedule a consultation.

FAQs About Professional Guardians in Florida

What is the difference between a family guardian and a professional guardian?
A family guardian is usually a relative who serves voluntarily or with limited compensation, while a professional guardian is someone licensed and appointed to manage guardianships as part of their profession.

Do professional guardians get paid in Florida?
Yes, but their compensation must be approved by the court under §744.108. Fees are reviewed for reasonableness and necessity before being paid from the ward’s estate.

Can family members challenge the appointment of a professional guardian?
Yes. Family members can petition the court to serve as guardians themselves, or they can object to the appointment if they believe a professional guardian is unnecessary.

What oversight exists for professional guardians?
They are licensed by the state, monitored by the Office of Public and Professional Guardians, and required to file annual reports with the court. Judges can reduce fees, require additional documentation, or remove guardians for misconduct.

What rights do wards retain under professional guardianship?
Depending on the type of guardianship, wards may retain rights such as the ability to vote, marry, or make certain personal decisions. Courts tailor guardianships to preserve as many rights as possible.

How do I know if a professional guardian is acting in the best interests of my loved one?
Reviewing court filings, financial reports, and medical decisions is essential. If you suspect mismanagement, you can raise objections with the court or seek legal assistance.

What happens if a professional guardian mishandles funds?
They can be held personally liable, removed from the case, and reported to the Office of Public and Professional Guardians for disciplinary action.

Can a professional guardian be removed from a case?
Yes. If a guardian fails to act in the ward’s best interest or misuses their authority, a judge can remove them and appoint a new guardian.

When is a professional guardian the best option?
In cases where family members cannot agree, where no relatives are available, or where the estate is complex, a professional guardian may provide the most practical solution.

Why should I hire an Orlando Guardianship Attorney in cases involving professional guardians?
Because guardianship law is complex and heavily regulated, having an attorney ensures your rights are protected, whether you are a family member, a professional guardian, or the ward.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Guardianship cases involving professional guardians can be complex and emotional. Whether you are supporting the appointment of a professional guardian or challenging one, I can provide the legal guidance you need. Call 1-888-640-2999 today to schedule a consultation and discuss your case.

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How Guardianship Works for Minors Who Inherit Assets in Florida

How Guardianship Works for Minors Who Inherit Assets in Florida

Protecting Children’s Inheritance Through the Florida Guardianship System

Orlando is a thriving community, filled with families, professionals, and retirees who often want to ensure their children’s financial future is secure. Sometimes, however, unexpected events occur—such as the passing of a parent or relative—that leave a minor child as the beneficiary of assets or property. While inheriting wealth is meant to secure a child’s future, Florida law does not allow minors to directly manage property or financial accounts until they reach adulthood. This is where guardianship comes in.

As an Orlando Guardianship Attorney, I help families across Orange County and throughout Florida handle these delicate matters. Whether you are a parent, grandparent, or family member seeking to protect a child’s inheritance, or someone concerned about how assets are being managed under guardianship, I provide the legal guidance you need. If you have questions about guardianships for minors who inherit assets, call me at 1-888-640-2999 to schedule a consultation.

Why Guardianship Is Required When Minors Inherit Assets

Under Florida law, individuals under the age of 18 cannot legally own or control property outright. This includes real estate, bank accounts, insurance proceeds, or any inheritance exceeding $15,000. If a child inherits property or money through a will, trust, life insurance policy, or wrongful death settlement, the court must appoint a guardian to manage those funds until the child becomes an adult.

This requirement protects the child from financial exploitation and ensures that assets are used appropriately for the child’s care, education, and welfare. It also provides court supervision so that the guardian cannot misuse or waste the inheritance.

The Legal Basis: Florida Statutes

Florida Statutes Chapter 744 governs guardianship. Specifically, §744.3021 and §744.387 address situations involving minors. Section 744.387 states that if a minor receives property exceeding $15,000, a guardianship of property must be established.

The guardian is legally responsible for:

  • Managing, investing, and protecting the assets
  • Spending funds for the child’s benefit only, with court approval when required
  • Filing annual accountings with the court to demonstrate how funds are being used
  • Returning control of the assets to the child when they turn 18

How the Court Appoints a Guardian for a Minor

The process begins when an interested person, often a parent or close relative, files a petition for guardianship with the court. The judge then reviews the petition and determines whether guardianship is necessary. If both parents are deceased, or if the child inherited assets from someone outside the immediate family, the court will appoint a suitable guardian of the property.

Guardianship of property for minors is limited in scope. The guardian does not make personal or healthcare decisions for the child unless the court also grants guardianship of the person. In most cases, guardianship is focused solely on managing inherited or awarded assets.

The Guardian’s Duties and Responsibilities

Guardians must act as fiduciaries, meaning they are legally bound to act in the best interests of the child. Their duties include:

  • Safeguarding the child’s inheritance
  • Seeking court approval for large expenses, such as purchasing a home or paying private school tuition
  • Preparing and filing an initial inventory of the assets
  • Submitting detailed annual accountings to the court
  • Requesting court approval before making investments or significant financial decisions

The court maintains oversight throughout the guardianship to ensure the child’s inheritance is preserved and used appropriately.

The Perspective of Families

For families, guardianship can provide peace of mind, knowing that the child’s inheritance is protected. Parents often worry about the possibility of mismanagement, and Florida’s requirement for court supervision addresses these concerns.

However, some families view the process as intrusive or burdensome. Court supervision can add costs and delays, particularly when funds are needed for immediate expenses like medical bills or education. Families sometimes express frustration with the amount of documentation required, but these safeguards exist to protect the child’s long-term interests.

The Perspective of Guardians

For guardians, the responsibility can be overwhelming. While guardianship ensures transparency, it also imposes significant obligations. Guardians must keep detailed records, seek court approval for many decisions, and often hire legal counsel to stay compliant with Florida law.

Guardians may also face scrutiny from family members who disagree with how funds are being used. As an Orlando Guardianship Attorney, I often represent guardians seeking court approval for expenses and defending their management of the child’s inheritance when family disputes arise.

Alternatives to Guardianship

Florida law does allow alternatives in some cases. For example:

  • Trusts: Parents or relatives can create a trust to manage assets for a child without requiring court-supervised guardianship.
  • Uniform Transfers to Minors Act (UTMA) Accounts: These accounts allow assets to be held by a custodian for the benefit of a child until they reach 21, avoiding guardianship for smaller estates.
  • Pre-Planning in Estate Documents: Wills and estate plans can designate trustees or custodians instead of leaving property outright to minors.

These options can reduce the need for guardianship proceedings, but when large inheritances are involved, the court often requires guardianship to ensure maximum oversight.

Disputes Over Minor Guardianships

Disputes often arise in cases involving minors who inherit substantial assets. Family members may disagree about who should serve as guardian or how the funds should be used. Common disputes include:

  • Allegations that a guardian is misusing funds
  • Concerns that the guardian is not acting in the child’s best interests
  • Conflicts between family members over who should manage the inheritance
  • Requests to terminate or modify guardianship arrangements

When disputes occur, the court may hold hearings, appoint a guardian ad litem to represent the child’s interests, or even remove and replace the guardian.

How an Orlando Guardianship Attorney Can Help

As your attorney, I provide support whether you are seeking to establish guardianship for a minor, protect a child’s inheritance, or challenge how funds are being managed. I help families petition for guardianship, prepare required filings, and represent them in court when disputes arise. My focus is always on protecting the child’s rights and ensuring compliance with Florida law.

If you are facing a guardianship issue involving a minor who has inherited assets, I encourage you to call my office at 1-888-640-2999 to schedule a consultation.

FAQs About Guardianship for Minors Who Inherit Assets in Florida

Why can’t a minor inherit assets directly in Florida?
Florida law prohibits minors under 18 from directly owning or controlling property valued at more than $15,000. The law requires a guardian of the property to manage the assets until the child turns 18.

What statute governs guardianship of minors who inherit assets?
Florida Statute §744.387 requires the appointment of a guardian of the property when a minor receives property or money exceeding $15,000.

Can parents automatically serve as guardians of inherited assets?
Not always. While parents are natural guardians of the person, they may still need to petition the court to be appointed guardian of the property if the inheritance exceeds $15,000.

What expenses can guardianship funds be used for?
Guardianship funds may be used for the child’s benefit, including healthcare, education, housing, and other necessary expenses. Large or unusual expenses generally require prior court approval.

Do guardians get paid for managing a child’s inheritance?
Guardians may request compensation for their services, but all fees must be approved by the court. The amount depends on the size of the estate and the work involved.

What happens when the child turns 18?
When the child reaches 18, the guardianship automatically terminates, and the assets are turned over to them directly. The guardian must file a final accounting with the court before transferring control.

Can family members challenge a guardianship for a minor?
Yes. Interested family members may contest the appointment of a guardian, challenge accountings, or request the removal of a guardian if they believe funds are being mismanaged.

Is a trust a better option than guardianship?
In many cases, yes. A trust can avoid the need for court-supervised guardianship and provide longer-term control over how assets are distributed. However, trusts must be properly created before the inheritance occurs.

What if the inheritance is less than $15,000?
If the inheritance is less than $15,000, a guardianship is not required. Parents or custodians may manage the funds without court involvement.

Why should I hire an Orlando Guardianship Attorney for this issue?
Because guardianship involves strict statutory requirements, court oversight, and potential disputes, having an attorney ensures compliance with Florida law and protection of the child’s financial interests.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If your child or relative has inherited assets and you need legal guidance on guardianship, I am here to help. I represent families and guardians throughout Orlando and Orange County in all types of guardianship matters. Call 1-888-640-2999today to schedule your consultation.

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Understanding Guardian Bond Requirements in Orlando and Throughout Florida

Florida Law on Guardianship Bonds: When Are They Required?.

Orlando is a city filled with families who often face the difficult reality of caring for loved ones who can no longer manage their personal or financial affairs. Guardianship provides a legal structure that allows someone to step in and make decisions on behalf of another person, known as the ward. But because guardians are entrusted with such significant authority, Florida law includes strict safeguards to protect wards and their assets. One of the most important of these protections is the guardianship bond.

I am Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help clients across Orange County and throughout Florida handle guardianship matters, including the requirements and disputes related to bonds. Whether you are seeking to become a guardian, or you are concerned about how guardianship funds are being managed, my role is to help you understand your rights under Florida law. To schedule a consultation, call me at 1-888-640-2999.

What Is a Guardianship Bond?

A guardianship bond is essentially an insurance policy that protects the ward from financial mismanagement or wrongdoing by the guardian. It requires the guardian to purchase a bond from a licensed surety company, and the bond acts as a financial guarantee that the guardian will fulfill their duties in compliance with Florida law.

If the guardian misuses funds, fails to account for expenses, or otherwise causes financial harm to the ward, the bond can be used to reimburse the ward’s estate. In this way, the bond is one of the strongest protections available for vulnerable individuals under guardianship.

Florida Statutory Requirements for Guardianship Bonds

Guardianship bonds are addressed in Florida Statutes Chapter 744, particularly §744.351 and related sections. These statutes empower the court to require a guardian to post a bond before taking control of a ward’s property or finances.

The key provisions include:

  • The amount of the bond is determined by the court, based on the value of the ward’s property and the scope of the guardian’s responsibilities.
  • The bond must be issued by a surety company authorized to do business in Florida.
  • Courts may adjust the bond amount if circumstances change, such as when additional assets are discovered or when expenses reduce the estate.
  • In some cases, alternatives to bonds may be permitted, such as placing funds in restricted depositories that require court approval for withdrawals.

These safeguards ensure that guardians cannot unilaterally dispose of or mismanage significant assets without court oversight.

When Are Guardianship Bonds Required?

Situations Where Bonds Are Typically Required

  • When the Guardian Controls Financial Assets: If the ward’s estate includes bank accounts, investments, or property, courts usually require a bond to protect against potential losses.
  • When the Estate Is Substantial: The larger the estate, the more likely a bond will be required, since the risk to the ward is greater.
  • When the Guardian Is Not a Close Family Member: Courts often impose stricter requirements on non-relative guardians.

Situations Where Bonds May Be Waived

  • When Assets Are Minimal: If the ward’s estate is small or primarily consists of Social Security or government benefits, courts may waive the bond requirement.
  • When Funds Are Held in Restricted Accounts: If assets are placed in an account that requires a judge’s order for withdrawals, a bond may not be necessary.
  • When the Guardian Is a Spouse or Trusted Family Member: Courts sometimes waive the bond requirement if the guardian has a close relationship with the ward, though this is not automatic.

The Guardian’s Perspective

From the guardian’s point of view, a bond can feel like an additional burden. Premiums must be paid to the surety company each year, and the process of securing the bond may involve credit checks and paperwork. Guardians sometimes argue that bonds reduce the ward’s estate unnecessarily, particularly if they are honest family members with no intent to misuse funds.

However, even for well-intentioned guardians, a bond provides reassurance to the court and the family. It also protects the guardian by offering insurance coverage if mistakes are made unintentionally.

The Family’s Perspective

For families, guardianship bonds are a vital safeguard. Many families worry about a guardian having unchecked control over an elderly parent’s or disabled child’s assets. A bond gives them peace of mind that there is a legal and financial remedy if money is mismanaged.

Families also have the right to review accountings and raise objections if they believe the guardian is mishandling funds. Knowing that a bond exists provides a layer of confidence that the ward’s estate will not be left unprotected.

The Court’s Balancing Role

Florida courts must strike a balance between protecting the ward and not imposing unnecessary costs. Judges carefully evaluate the ward’s assets, the proposed guardian’s background, and whether restricted accounts or other alternatives can provide sufficient protection. Ultimately, the goal is to safeguard the ward’s interests while allowing the guardian to perform their duties effectively.

FAQs About Guardianship Bonds in Florida

What is the purpose of a guardianship bond?
A guardianship bond protects the ward’s assets by ensuring that the guardian manages them responsibly. If the guardian fails in their duties, the bond provides financial compensation to the ward’s estate.

Who decides the amount of the bond?
The court determines the bond amount based on the size of the ward’s estate and the extent of the guardian’s authority. The bond can be increased or reduced if circumstances change.

Do all guardians have to post a bond?
Not always. If the estate is small, or if assets are placed in restricted accounts requiring court approval for withdrawals, a bond may be waived. However, most guardians who control significant assets will be required to post one.

How much does a guardianship bond cost?
The cost, or premium, is a percentage of the bond amount. It varies depending on the surety company and the guardian’s qualifications, but it is generally paid annually from the ward’s estate.

Can a guardian be reimbursed for the cost of the bond?
Yes. In most cases, the premium is paid from the ward’s funds, not out of the guardian’s personal pocket.

What happens if a guardian cannot qualify for a bond?
If a guardian cannot qualify due to credit or financial issues, the court may appoint a co-guardian, explore restricted accounts, or in some cases appoint a different guardian.

Can family members request a bond if one was not ordered?
Yes. Interested parties, such as family members, may petition the court to require a bond if they believe it is necessary to protect the ward.

Can a bond be canceled?
A bond remains in place as long as the guardian manages assets. It can only be canceled once the guardianship is terminated or the court approves the guardian’s final accounting.

What if the guardian misuses funds despite the bond?
If misuse occurs, the surety company pays damages up to the bond amount, but the guardian may still face personal liability and removal by the court.

Why should I consult an Orlando Guardianship Attorney about bond issues?
Because guardianship bonds are governed by strict statutes and court oversight, having an attorney ensures compliance, protects your rights, and prevents costly mistakes. Whether you are a guardian or a concerned family member, legal guidance is essential.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Guardianship bonds are one of the most important protections in Florida’s guardianship system. Whether you are a guardian seeking approval of a bond or a family member concerned about protecting a loved one’s estate, I can help. Call me today at 1-888-640-2999 to schedule a consultation and discuss your case.

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How Guardianship Impacts a Ward’s Right to Marry or Vote

How Guardianship Impacts a Ward’s Right to Marry or Vote

Protecting Vulnerable Individuals When Time Is Critical

Orlando is one of Florida’s most dynamic cities, with families, retirees, and adults with special needs living throughout Orange County. Life here often feels fast-paced, but there are times when emergencies arise and families must act immediately to protect a loved one. That’s where emergency temporary guardianships come into play. These legal tools allow a court to appoint someone quickly to step in and protect an individual who is in danger of financial exploitation, abuse, or an immediate health crisis.

I am Beryl Thompson-McClary, an Orlando Guardianship Attorney with decades of experience helping families, guardians, and concerned relatives throughout Central Florida. I represent both sides of these cases—those seeking emergency authority to protect a loved one and those who feel an emergency guardianship is unnecessary or improperly sought. If you need guidance in this sensitive area, I invite you to call me at 1-888-640-2999 to schedule a consultation.

What Is an Emergency Temporary Guardianship?

Under Florida Statute §744.3031, courts can appoint an emergency temporary guardian when there appears to be imminent danger to the health, safety, or property of a vulnerable person. Unlike a full guardianship, which takes time to establish, an emergency appointment can be granted in a matter of days—or even hours—if the situation requires it.

The purpose is limited: to provide immediate protection until the court has time to hold a full hearing on whether a permanent guardianship is appropriate. These temporary orders typically last up to 90 days, though courts can extend them for another 90 days if necessary.

When Do Families Seek Emergency Guardianship?

As an Orlando Guardianship Attorney, I often see emergency guardianship petitions arise in situations such as:

  • An elderly parent is being financially exploited by a caregiver or family member.
  • An incapacitated adult is refusing critical medical care and no health care surrogate is in place.
  • A person with dementia suddenly makes unsafe financial transactions or property transfers.
  • A vulnerable adult is left without proper housing or access to medication.

In these cases, the normal guardianship process may take too long, leaving the individual exposed to serious harm. Emergency guardianship allows the court to step in quickly.

The Legal Process for Emergency Temporary Guardianship

  1. Filing the Petition
    A concerned person—often a family member—files a petition for emergency temporary guardianship. The petition must show facts supporting imminent danger.
  2. Court Review
    Judges in Orlando and across Florida review the petition carefully. Emergency relief is not automatic; the court requires clear evidence of danger.
  3. Appointment of a Guardian
    If approved, the court appoints an emergency temporary guardian with specific powers, often limited to medical decisions or control over certain financial accounts.
  4. Duration and Oversight
    The emergency guardianship is temporary, generally capped at 90 days. The guardian must also file reports with the court to ensure accountability.

Florida Statutes Governing Emergency Guardianships

Florida Statute §744.3031 outlines the requirements:

  • Imminent Danger: The court must find there appears to be imminent danger to the ward’s health, safety, or property.
  • Good Cause: The petition must demonstrate why waiting for a full hearing would cause harm.
  • Notice: The ward and interested parties must be notified, though the court can act quickly if time is of the essence.
  • Duration: Orders cannot exceed 90 days without an extension.

This statute balances two important goals: protecting vulnerable individuals while preventing misuse of emergency guardianships.

The Benefits of Emergency Guardianship

For families who genuinely need to protect a loved one, emergency guardianship is a lifesaver. It allows someone to:

  • Stop financial exploitation immediately.
  • Make urgent medical decisions.
  • Secure safe housing or care.
  • Prevent further harm until a permanent solution is in place.

Concerns and Objections to Emergency Guardianships

On the other side, there are legitimate concerns. Because these petitions move quickly, they can sometimes be misused by relatives seeking control over assets or decision-making without proper evidence.

As your Orlando Guardianship Attorney, I also represent individuals and families who believe a petition has been filed unfairly. Courts are aware of this risk and scrutinize petitions to ensure that guardianship is truly necessary. Common objections include:

  • The ward already has valid advance directives (power of attorney, health care surrogate).
  • The alleged “imminent danger” is exaggerated or unsupported.
  • The petitioner is not acting in the ward’s best interest.
  • Less restrictive alternatives could protect the individual.

By presenting strong evidence, families can challenge unnecessary emergency guardianships and protect their loved one’s independence.

How I Help Clients on Both Sides

Whether you are seeking to protect a loved one through emergency guardianship or defending against an improper petition, I provide clear, compassionate representation. My role is to ensure the court has accurate facts and that your family’s rights are fully protected. I work throughout Orange County and the surrounding areas, guiding clients through each step of the guardianship process.

Call my office at 1-888-640-2999 to schedule a consultation.

FAQs About Emergency Temporary Guardianships in Florida

What is the difference between a full guardianship and an emergency temporary guardianship?
A full guardianship is a permanent court process that involves medical evaluations, hearings, and ongoing court supervision. An emergency temporary guardianship, authorized under §744.3031, is short-term and only granted when there is imminent danger to the individual’s health, safety, or property.

How long does an emergency guardianship last in Florida?
Emergency guardianships generally last up to 90 days. Courts may extend them for an additional 90 days if needed, but they cannot be indefinite. A longer-term guardianship requires a separate proceeding.

Can anyone file for emergency guardianship?
Yes, any interested person—often a spouse, adult child, or close relative—may file. However, they must present strong evidence of imminent danger. Judges in Florida do not grant these petitions lightly.

What powers does an emergency guardian have?
Courts limit the guardian’s powers to what is necessary. This might include authority to make urgent medical decisions, pay essential bills, or protect financial accounts. Powers are strictly outlined in the court order.

What happens if someone misuses an emergency guardianship?
If an emergency guardian abuses their authority or acts against the ward’s interests, the court can revoke their powers, remove them as guardian, and in serious cases, impose financial penalties.

Can an emergency guardianship be challenged?
Yes. Family members, the alleged ward, or other interested parties may object to the petition or file motions to terminate the emergency guardianship. Courts will hear both sides and weigh the evidence.

What alternatives exist to emergency guardianship?
If the ward already has powers of attorney, health care surrogates, or trusts in place, those documents may be sufficient to avoid the need for guardianship. Courts prefer using less restrictive alternatives when possible.

What role does the examining committee play in emergency cases?
While full guardianship cases require an examining committee, in emergencies the court may act before those evaluations are complete. However, the court will often order follow-up reports to confirm the ward’s incapacity.

Do guardians get paid for serving in emergency cases?
Yes, but fees must be reasonable and approved by the court. Florida law ensures transparency and accountability for all guardian compensation.

Why hire an Orlando Guardianship Attorney for emergency guardianships?
Because these cases move quickly, you need an attorney who understands both the urgency and the legal safeguards. Whether you are petitioning for emergency guardianship or opposing one, I will ensure your rights and your loved one’s best interests are fully protected.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you believe a loved one needs immediate protection—or if you are concerned about an emergency guardianship petition filed against them—I am here to help. These cases move fast, and having experienced legal guidance is critical. Call me today at 1-888-640-2999 to schedule a consultation.

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The Role of Emergency Temporary Guardianships in Florida

The Role of Emergency Temporary Guardianships in Florida

Immediate Court Intervention in Times of Crisis

Orlando is one of Florida’s most dynamic communities, where families come from all walks of life. With such a diverse population, it is not uncommon for families to face urgent situations where a loved one suddenly becomes unable to care for themselves. A parent may suffer a stroke, an elderly relative may fall victim to exploitation, or an adult child with special needs may require immediate intervention when something unexpected occurs. In these moments, families often need the help of an Orlando Guardianship Attorney to petition the court for what is known as an Emergency Temporary Guardianship (ETG).

I am Attorney Beryl Thompson-McClary, and I represent clients across Orange County and throughout Florida in guardianship matters. I have handled many cases where quick action was necessary to protect an incapacitated adult or vulnerable loved one. These situations are stressful, emotional, and time-sensitive. My job is to ensure that the process is handled properly under Florida law while protecting both the individual in need and the family members involved. If you are facing such a situation, call me at 1-888-640-2999 to schedule a consultation.

What Is an Emergency Temporary Guardianship?

Under Florida Statute §744.3031, the court may appoint an Emergency Temporary Guardian when there appears to be imminent danger that the physical or mental health, safety, or property of a person is at serious risk. This type of guardianship is designed to provide immediate protection until the court can conduct a full incapacity proceeding.

Key features of an ETG under Florida law include:

  • Duration: It can last up to 90 days, though the court may extend it for another 90 days if necessary.
  • Scope: The authority of the temporary guardian is limited to only what the court grants in its order.
  • Purpose: To prevent harm or protect assets while the full guardianship petition is being processed.

An Emergency Temporary Guardianship is not intended to permanently strip someone of their rights. It is a short-term measure designed to stabilize a situation until the court can thoroughly evaluate the person’s capacity and decide on a long-term solution.

When Is an Emergency Temporary Guardianship Necessary?

Families and professionals often request ETGs when there is an urgent risk that cannot wait for the longer guardianship process. Examples include:

  • Medical Emergencies: When a loved one becomes incapacitated and immediate medical consent is needed.
  • Financial Exploitation: When someone is being taken advantage of by a caregiver, relative, or scammer.
  • Elder Abuse or Neglect: When an elderly individual is at risk of harm without court intervention.
  • Special Needs Adults: When a parent or caregiver suddenly cannot provide care or when urgent decisions must be made.
  • Estate Protection: When property or financial accounts are at risk of being lost, stolen, or wasted.

Without this legal tool, families might find themselves powerless to protect their loved one in a crisis.

How the Process Works

As your Guardianship Attorney in Orlando, I guide families through the petition process step by step:

  1. Filing the Petition – A petition is submitted to the court requesting appointment of an ETG, along with supporting evidence of imminent danger.
  2. Supporting Affidavits – Medical or professional statements may be required to prove incapacity or immediate risk.
  3. Court Review – A judge examines the evidence quickly due to the urgent nature of the request.
  4. Appointment – If granted, the court issues an order naming the temporary guardian and defining their powers.
  5. Oversight – The ETG must file reports and comply with court monitoring, just like a permanent guardian.

Both Sides of the Issue

For Families Seeking Emergency Help

Families requesting an ETG often feel desperate to protect a loved one. They may believe someone is draining their parent’s bank account, or they may need authority to make immediate medical choices. From this perspective, the ETG is an essential safeguard that allows families to act swiftly.

For the Alleged Incapacitated Person

On the other hand, ETGs can significantly impact the rights of the individual. Losing the right to control property or make medical decisions, even temporarily, is a serious matter. Courts are careful to ensure due process, meaning that evidence must support the need for intervention. Florida law also requires that the powers granted are strictly limited to what is necessary, preventing overreach.

As your attorney, I handle cases on both sides—helping families secure protection when it is truly needed, and also defending individuals if an ETG petition is filed against them without proper justification.

Florida Statutes Governing ETGs

The most important provisions come from Florida Statute §744.3031:

  • The court may appoint an ETG if there appears to be imminent danger to the person or property.
  • The ETG may exercise only those powers specifically outlined in the court order.
  • The ETG appointment automatically terminates after 90 days unless extended.
  • The ETG may be terminated earlier if a permanent guardian is appointed.
  • All fees and expenses must be approved by the court.

These statutes ensure that emergency guardianships remain temporary, limited, and subject to judicial oversight.

Why You Need an Orlando Guardianship Attorney

Emergency guardianship cases move quickly. Courts require precise documentation and credible evidence, and family disputes often arise in the process. As your attorney, I ensure:

  • Proper filing of petitions and affidavits
  • Compliance with statutory requirements
  • Advocacy at hearings before the judge
  • Protection of the ward’s best interests
  • Defense against petitions filed without sufficient cause

I’ve handled guardianship cases throughout Orange County and can guide you through this process efficiently while protecting your rights.

If you need help, call me at 1-888-640-2999 to schedule a consultation.

FAQs About Emergency Temporary Guardianships in Florida

What is the difference between an emergency temporary guardianship and a permanent guardianship?
An ETG is short-term and granted only when there is imminent danger to the person or property. A permanent guardianship follows a full incapacity hearing and may last indefinitely.

How long does an emergency temporary guardianship last in Florida?
By law, ETGs last up to 90 days. The court can extend for another 90 days if necessary, but it cannot continue indefinitely.

Who can request an emergency temporary guardianship?
Any interested person—including family members, caregivers, or concerned parties—can petition the court. However, they must provide evidence of immediate risk.

Can an ETG be challenged?
Yes. The alleged incapacitated person, or interested family members, may contest the petition by showing that no imminent danger exists or that less restrictive alternatives are available.

What powers does an emergency guardian have?
The court order defines the powers. These may include authority to make medical decisions, manage finances, or protect property, but only within the scope the judge authorizes.

Can a guardian misuse emergency powers?
If an ETG acts outside the court’s order or misuses authority, they can be removed and held accountable. Courts carefully monitor ETGs to protect the ward.

Does the ward lose all rights under an ETG?
Not automatically. Florida law requires that the court only remove rights necessary to protect the ward, leaving other rights intact.

What happens when the ETG expires?
The ETG automatically ends after 90 days unless extended. At that point, either a permanent guardianship will be in place, or the ward regains their rights.

How quickly can an ETG be obtained?
Because of the urgent nature, courts may grant ETGs within days—or sometimes even within 24 to 48 hours—depending on the evidence and risk.

Why hire an Orlando Guardianship Attorney for an ETG case?
Because these cases move quickly and affect fundamental rights, having an attorney ensures the petition is properly supported and your position is effectively argued in court.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Emergency Temporary Guardianships in Florida are powerful legal tools that can protect vulnerable loved ones in moments of crisis—but they also carry serious consequences for personal rights and finances. Whether you are seeking an ETG or opposing one, I can help guide you through the process and protect your interests. Call me today at 1-888-640-2999 to schedule a consultation and discuss your case.

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How Guardianship Fees Are Approved by Florida Courts

How Guardianship Fees Are Approved by Florida Courts

Understanding the Legal Process in Orlando and Across Florida

Orlando is a vibrant city, home to families, retirees, and individuals who may find themselves in need of guardianship arrangements at some point in life. Whether it involves caring for an elderly parent with dementia, an adult child with special needs, or a loved one who cannot manage their finances, guardianship is a serious responsibility governed by strict laws. One of the most important questions I receive as a Guardianship Attorney in Orlando is how guardianship fees are approved and regulated by Florida courts.

I am Attorney Beryl Thompson-McClary, and I represent clients across Orange County and throughout Florida in guardianship cases. If you are a guardian seeking court approval for fees, or if you are a family member questioning those fees, I can help you understand your rights under Florida law. To schedule a consultation, call me at 1-888-640-2999.

What Are Guardianship Fees?

Guardianship fees are payments made to compensate guardians for the services they provide in managing the ward’s personal, financial, or healthcare needs. Florida law recognizes that guardians dedicate significant time and responsibility in carrying out these duties, but it also ensures that such compensation must be reasonable, necessary, and approved by the court.

Fees may include:

  • Time spent managing financial accounts
  • Coordinating medical care and appointments
  • Handling legal compliance requirements such as annual accountings
  • Overseeing property management and estate matters
  • Court appearances and reporting obligations

Because guardians act under the court’s supervision, every fee must be reviewed and approved by a judge before it can be paid from the ward’s estate.

The Legal Framework: Florida Statutes

Florida Statutes Chapter 744 governs guardianship matters, including compensation. Specifically, §744.108 sets out the rules for guardian compensation. Under this statute, guardians and their attorneys are entitled to reasonable compensation for services rendered. However, the court determines what is “reasonable” on a case-by-case basis.

The statute requires the guardian or their attorney to submit a petition for fees supported by detailed time records, itemized billing, and justification of the services provided. The court then reviews the petition and either approves, reduces, or denies the requested fees.

Factors courts consider under Florida law include:

  • The complexity of the guardianship estate
  • The time and labor required
  • The novelty or difficulty of issues addressed
  • The results obtained on behalf of the ward
  • The guardian’s experience and skill

When Guardians Request Fees

As a guardian, you have the right to be compensated for the duties you perform, but you must follow Florida’s strict legal process. Courts in Orlando and across the state require:

  1. Detailed Time Records – Every hour spent working on guardianship matters must be documented.
  2. Itemized Invoices – Guardians must clearly describe the tasks performed, not just list general categories.
  3. Petition for Fees – A formal petition is filed with the court, requesting approval for payment from the ward’s estate.
  4. Court Hearing (if required) – If any interested party objects, a hearing may be held to determine reasonableness.

Failure to properly document fees or overcharging can result in reduction or outright denial of compensation. In some cases, it can even lead to removal of the guardian.

When Family Members Dispute Fees

Family members often raise concerns about guardianship fees, especially if they believe charges are excessive or not in the ward’s best interest. As an Orlando Guardianship Attorney, I represent both sides of these disputes.

From the family’s perspective, the concern is that the ward’s estate may be diminished unnecessarily by high legal and administrative costs. Courts are sensitive to these concerns and encourage transparency in guardianship proceedings.

Family members can:

  • Review Accountings: Guardians must file annual accountings that include compensation details.
  • File Objections: If a family member believes fees are unreasonable, they can formally object.
  • Request Hearings: A judge can review the fee petition and hear arguments from both sides.

This system ensures a balance between compensating guardians fairly and protecting the ward’s estate.

The Court’s Role in Protecting the Ward

Florida courts act as the ultimate safeguard in guardianship cases. Judges are tasked with reviewing every request for fees and determining whether they serve the ward’s best interests. The ward’s financial resources are considered, and unnecessary or excessive charges are disallowed.

The court may:

  • Approve fees as requested
  • Reduce the requested amount
  • Deny fees deemed unnecessary
  • Require additional documentation or justification

This oversight reflects the principle that guardianship is not about financial gain, but about serving the ward’s well-being. Compensation is fair, but carefully monitored.

Attorney’s Fees in Guardianship Cases

In addition to guardian compensation, attorneys who represent guardians or the ward may also seek fees under §744.108. Like guardian fees, attorney’s fees must be:

  • Reasonable
  • Documented with time records
  • Approved by the court before payment

Courts scrutinize attorney’s fees closely, especially when large sums are involved. Legal work must directly benefit the ward or be necessary for compliance with guardianship obligations.

The Two Perspectives: Guardian vs. Family

Because my practice involves representing both guardians and family members, I see both sides of these disputes.

  • For Guardians: You want to be fairly compensated for your time and responsibility, but you must carefully document your work and justify it under Florida law.
  • For Family Members: You want to ensure your loved one’s estate is not depleted by unnecessary fees. You have the right to review records and object if you believe charges are excessive.

As your attorney, I provide clear legal guidance no matter which side you are on. My role is to protect your rights and make sure the law is followed.

FAQs About Guardianship Fees in Florida

What statute governs guardianship fees in Florida?
Guardianship fees are governed by Florida Statute §744.108, which states that guardians and their attorneys are entitled to reasonable compensation as approved by the court.

How do courts decide what is “reasonable” compensation?
Courts look at factors such as the time spent, the complexity of the guardianship, the results obtained, and the guardian’s experience. Each case is evaluated individually.

Can family members object to guardianship fees?
Yes. Family members have the right to review fee petitions and annual accountings. If they believe fees are excessive, they can file formal objections and request a hearing.

Do guardians always get paid?
Not always. Fees must be requested, documented, and approved by the court. If the guardian fails to comply with requirements or if the estate lacks funds, compensation may be reduced or denied.

What about attorney’s fees in guardianship cases?
Attorneys representing guardians or wards may also request compensation, but these fees must also be approved by the court. Only work that directly benefits the ward or ensures compliance with guardianship law is typically approved.

Can a guardian be removed for charging excessive fees?
Yes. If a guardian overcharges, fails to justify fees, or abuses their position, the court can reduce or deny compensation and even remove the guardian.

Do courts consider the ward’s financial resources when approving fees?
Absolutely. Judges weigh the size of the ward’s estate and ability to pay when determining whether fees are appropriate. Protection of the ward’s financial security is always the court’s priority.

How long does it take to get fees approved?
The timeline varies depending on whether there are objections. If no one contests the petition, fees may be approved relatively quickly. If disputes arise, hearings may extend the process.

Can a guardian waive compensation?
Yes. Some family guardians choose not to request payment. Others may accept limited compensation. However, professional guardians generally rely on compensation for their work.

Why should I hire an Orlando Guardianship Attorney for fee issues?
Because fee petitions and objections are heavily regulated by Florida law, having an attorney ensures you follow the correct process and protect your financial and legal interests.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Guardianship cases in Florida can be complex, and fee approval is often one of the most contested issues. Whether you are a guardian seeking approval for your work, or a family member ensuring your loved one’s estate is protected, I am here to help. Call my office at 1-888-640-2999 to schedule a consultation and discuss your case.

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Can Family Members in Florida Object to Guardian Compensation?

Can Family Members in Florida Object to Guardian Compensation?

Understanding Rights, Responsibilities, and Legal Remedies in Guardianship Cases

Orlando Guardianship Concerns and the Role of an Attorney

In Orlando and throughout Orange County, families often turn to the courts for help when a loved one cannot manage their own affairs. Whether the situation involves an elderly parent with dementia, an adult child with special needs, or another vulnerable family member, Florida’s guardianship laws provide a legal framework to protect individuals who cannot care for themselves.

But once a guardian is appointed, another question frequently arises: how much should that guardian be paid, and can family members challenge that compensation?

As an Orlando Guardianship Attorney, I’ve represented both sides of this issue—guardians who are seeking fair payment for their work and family members who are concerned that a guardian’s fees are excessive or unnecessary. If you are facing this situation, I can help you understand your rights, explain Florida law, and represent your interests in court. To schedule a consultation, call me at 1-888-640-2999.

Defining Guardian Compensation Under Florida Statutes

Guardianship is governed by Chapter 744 of the Florida Statutes, which outlines when compensation is permitted and how it is determined. Section 744.108, Florida Statutes, provides that guardians are entitled to “reasonable compensation” for their services and reimbursement for expenses incurred while carrying out their duties.

However, the statute also makes clear that compensation must be reviewed and approved by the court. Guardians cannot simply decide their own pay; they must submit a petition for fees, supported by detailed records of their time and work. Family members and other interested parties are then given the opportunity to object.

This structure reflects Florida’s effort to balance two competing interests: ensuring guardians are fairly paid for their efforts while protecting the ward’s estate from unnecessary or inflated charges.

Why Guardians Seek Compensation

Serving as a guardian is rarely a simple task. Depending on the case, a guardian may be required to:

  • Oversee complex financial matters, including investments, taxes, and real estate management
  • Make medical decisions and coordinate health care providers
  • File annual accountings and detailed reports with the court
  • Respond to emergencies that affect the ward’s safety or finances

In many cases, guardians are family members themselves, but in other situations, the court appoints professional guardians who serve multiple wards. Either way, the law recognizes that guardianship can be time-consuming and burdensome, and compensation ensures that guardians are not left bearing costs personally.

Why Family Members Object to Compensation

Family members often raise objections when they believe that compensation requests are unreasonable or contrary to the ward’s best interests. Common concerns include:

  • Excessive Billing: Family members may feel that the hours or rates charged are too high.
  • Duplicative Services: Families may argue that certain services were unnecessary or could have been performed more efficiently.
  • Conflict of Interest: Concerns arise when guardians appear to benefit financially at the ward’s expense.
  • Erosion of Assets: If the ward’s estate is modest, family members may worry that excessive compensation will quickly deplete funds intended for the ward’s care.

Florida law provides a mechanism for family members to file written objections, which the court then considers before ruling on compensation requests.

How Florida Courts Decide Disputes Over Compensation

When compensation is challenged, Florida courts review several factors under Section 744.108(2), Florida Statutes, including:

  • The time and labor required to perform guardianship duties
  • The difficulty and responsibility of the services performed
  • The skill, knowledge, and experience of the guardian
  • The size of the ward’s estate and potential impact of compensation
  • The benefit of the services to the ward

Courts have wide discretion in determining what is “reasonable.” Judges balance the guardian’s right to fair payment with the ward’s right to have their assets preserved. In some cases, courts may reduce requested fees or deny reimbursement for services deemed unnecessary.

The Guardian’s Perspective

From the guardian’s perspective, compensation ensures that they can continue fulfilling their legal duties without suffering financial strain. Guardians argue that:

  • They are performing vital services that directly benefit the ward.
  • Their requests are documented with time logs and receipts.
  • Without fair compensation, fewer qualified individuals would be willing to serve as guardians.

Professional guardians, in particular, depend on compensation to sustain their work, and they often highlight that their fees are subject to rigorous judicial review.

The Family’s Perspective

On the other hand, family members may argue that:

  • Guardianship should focus on protecting the ward, not enriching the guardian.
  • The requested compensation is disproportionate to the services performed.
  • Guardians may be incentivized to prolong guardianship or engage in unnecessary work.
  • Excessive fees diminish the estate, leaving less for the ward’s care and future needs.

These objections reflect a broader concern about potential abuse in the guardianship system, particularly in cases where professional guardians manage multiple estates.

How an Orlando Guardianship Attorney Can Help

Whether you are a guardian seeking fair compensation or a family member objecting to fees, legal representation is critical. As an Orlando Guardianship Attorney, I provide:

  • Case Review: Examining billing records, court filings, and reports to identify strengths and weaknesses.
  • Representation in Court: Advocating for fair compensation or contesting excessive fees before the judge.
  • Guidance on Compliance: Helping guardians maintain accurate records to avoid future disputes.
  • Family Advocacy: Assisting families in ensuring their loved one’s assets are protected.

By offering counsel on both sides of the issue, I ensure that my clients’ voices are heard and that the court considers all relevant facts before making a ruling.

If you are facing a guardianship compensation dispute, call me at 1-888-640-2999 to schedule a consultation.

FAQs About Guardian Compensation in Florida

Can a guardian pay themselves without court approval in Florida?
No. Florida law requires that all guardian compensation be approved by the court. A guardian must file a petition, provide detailed records of services, and wait for judicial approval before receiving payment.

What factors do Florida courts consider when deciding guardian compensation?
Courts look at the time required, complexity of services, the guardian’s skill level, the size of the ward’s estate, and whether the services provided actually benefitted the ward. Compensation must be “reasonable” under these standards.

Can family members object to every compensation request?
Yes, interested parties—including family members—may object to compensation petitions. The court will review the objections and may schedule a hearing to hear arguments from both sides before deciding.

What happens if the court finds that fees were excessive?
The court may reduce the amount awarded, deny certain charges, or in rare cases, require repayment if a guardian has already been compensated without proper approval.

Does it matter if the guardian is a family member or a professional guardian?
Yes. While family guardians may be compensated, the court often scrutinizes requests more closely for professional guardians. Still, both types of guardians must justify their requests under the same statutory framework.

What if the ward’s estate is too small to cover compensation?
Courts will consider the ward’s financial situation when awarding fees. In some cases, compensation may be limited or denied if it would significantly harm the ward’s ability to afford care.

Can a guardian’s attorney also request fees from the estate?
Yes, but attorney’s fees are also subject to court approval. The court must find that the legal services were necessary and that the fees are reasonable before allowing payment from the ward’s estate.

How can families protect against unreasonable compensation requests?
Families should stay involved in the guardianship process, review reports filed with the court, and promptly object to any compensation requests they believe are excessive. Hiring an attorney to present objections can strengthen their position.

Can a guardian be removed for excessive fee requests?
If a guardian consistently abuses their role, overcharges, or mismanages the ward’s estate, the court has authority to remove them. Removal is a serious measure but is available when the guardian fails to act in the ward’s best interests.

Should I hire a Guardianship Attorney in Orlando if I’m involved in a compensation dispute?
Yes. Guardianship law in Florida is complex, and disputes over compensation can be highly contentious. An experienced attorney can ensure your arguments are properly presented and that the court fully understands your perspective.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Whether you are a guardian seeking compensation or a family member challenging fees, I can help you understand your rights under Florida law. With years of experience in guardianship cases throughout Orange County, I provide strong legal representation to protect both guardians and the vulnerable individuals they serve.

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Does the Guardian Get Paid for Managing the Ward’s Finances?

Does the Guardian Get Paid for Managing the Ward’s Finances?

Orlando is known for its family-oriented communities, thriving businesses, and diverse residents. Many families here find themselves in situations where guardianship is necessary to protect the financial or personal well-being of a loved one. As an Orlando Guardianship Attorney, I work with families across Orange County to establish and manage guardianships.

One of the most common questions I receive is whether a guardian gets paid for managing a ward’s finances. This question often arises when a family member is appointed as guardian and wants to know if they can be compensated for the time and effort they dedicate. On the other side, family members of the ward sometimes worry that compensation may diminish the ward’s financial resources.

I’ll explain both perspectives, what Florida statutes say about guardian compensation, and how I help clients address these concerns in court. If you are facing a guardianship case, call me at 1-888-640-2999 to schedule a consultation.

Defining Guardianship and Compensation Under Florida Law

Guardianship in Florida is governed by Chapter 744 of the Florida Statutes. This law sets out the duties, responsibilities, and rights of both guardians and wards. Under §744.108, Florida Statutes, a guardian is entitled to “a reasonable fee for services rendered” and reimbursement for out-of-pocket expenses incurred on behalf of the ward.

This means that compensation is legally recognized and, in many cases, necessary to ensure that guardians can properly manage the ward’s finances, investments, and personal needs. However, the statute also requires court approval, ensuring that payments are fair and in the best interest of the ward.

The Case for Guardian Compensation

From the guardian’s perspective, managing another person’s finances can be complex and time-consuming. It may involve:

  • Paying bills and managing bank accounts
  • Overseeing investments and property
  • Filing taxes and preparing financial reports
  • Hiring professionals such as accountants or financial advisors
  • Filing required court reports

For many guardians, this work can feel like a full-time job. Florida law recognizes that guardians should not have to shoulder this responsibility without fair compensation. Payment ensures that guardians remain committed and can dedicate the time and resources necessary to safeguard the ward’s financial interests.

The Case Against Excessive Compensation

From the ward’s family’s perspective, compensation may raise concerns. Some worry that guardianship fees could deplete the ward’s assets, leaving less money available for medical care, housing, or other essential needs. Others fear that a guardian may request unreasonably high fees.

Florida courts carefully address these concerns. Under §744.108(2), Florida Statutes, the court must review and approve all compensation requests. Factors the court considers include:

  • The time and labor required
  • The complexity of the guardianship
  • The amount of responsibility involved
  • The results achieved on behalf of the ward
  • The ward’s financial resources

This process ensures that compensation remains fair and proportional to the work performed.

Practical Ramifications in Florida Guardianship Cases

The reality is that compensation is often necessary, but it must be balanced with the ward’s best interests. Courts have the authority to approve or reduce requested fees. For example, if a guardian submits a detailed invoice showing significant hours of financial management, the court may grant payment. On the other hand, if the guardian’s duties are minimal, compensation may be limited.

This is why working with an Orlando Guardianship Attorney is so important. I help guardians prepare proper fee petitions, ensure compliance with statutory requirements, and advocate for fair compensation. For family members concerned about fees, I can also challenge unreasonable requests and protect the ward’s estate.

How I Help Clients in Orange County Guardianship Cases

As a guardianship attorney serving Orlando and Orange County, I represent both guardians seeking fair compensation and family members who want to ensure accountability. My role includes:

  • Filing petitions for guardianship and compensation
  • Reviewing financial reports for accuracy
  • Representing clients in hearings over disputed fees
  • Advising families on alternatives to guardianship, such as trusts or powers of attorney
  • Ensuring compliance with Florida Statutes Chapter 744

If you need help with a guardianship case involving financial management, call me today at 1-888-640-2999 to schedule a consultation.

FAQs About Guardian Compensation in Florida

Can a guardian be paid for their services in Florida?
Yes. Under §744.108, Florida Statutes, a guardian may be compensated for their time and services, provided the court approves the fee. Compensation must be reasonable and is subject to review by the judge overseeing the guardianship.

How does the court decide what is “reasonable” compensation?
The court considers the complexity of the case, the time spent, the responsibility assumed, the results achieved, and the financial resources of the ward. For example, managing a multimillion-dollar estate will justify higher compensation than overseeing a small bank account.

What if the guardian is a family member?
Family members can also be compensated. However, some families choose to waive fees to preserve the ward’s assets. It depends on the guardian’s circumstances and the family’s agreement, but court approval is still required if compensation is requested.

Can a guardian be reimbursed for expenses?
Yes. A guardian may be reimbursed for legitimate out-of-pocket expenses, such as hiring accountants, paying filing fees, or covering travel expenses incurred while managing the ward’s estate. These must be documented and submitted to the court for approval.

What if family members believe the guardian is charging too much?
Family members can object to the guardian’s fee request. The court will then review the billing records and determine whether the fees are appropriate. If a guardian is overcharging or mismanaging funds, the court may reduce fees or, in severe cases, remove the guardian.

Can a guardian’s compensation reduce the ward’s eligibility for government benefits?
Yes, compensation could affect benefits such as Medicaid if it significantly reduces the ward’s assets. An attorney can help structure compensation requests to minimize any negative impact on government assistance.

What happens if a guardian does not request compensation?
A guardian may choose to serve without pay, especially if they are a close family member. However, they still have the right under Florida law to request reasonable compensation at any time, provided the court approves.

Can professional guardians charge higher fees?
Professional guardians often manage multiple cases and may charge higher fees based on their experience and the complexity of the estate. Still, all requests are subject to court approval, and the ward’s best interests remain the priority.

How often are guardians paid in Florida?
Guardians typically request compensation annually when they file their required accounting with the court. However, the judge may authorize interim payments if justified by the circumstances.

Why should I hire an Orlando Guardianship Attorney for a compensation issue?
Guardianship law in Florida is complex, and compensation issues can quickly become contentious. An attorney ensures that requests are properly documented, challenges to fees are addressed, and the ward’s interests are protected. As your attorney, I provide strong representation whether you are the guardian requesting payment or a family member safeguarding your loved one’s estate.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you are involved in a guardianship case and have questions about compensation for managing a ward’s finances, I can help. Whether you are a guardian seeking payment for your services or a family member concerned about protecting a loved one’s assets, I will guide you through the legal process under Florida law. Call me today at 1-888-640-2999 to schedule a consultation.

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