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Conservatorship Disputes Among Family Members in Florida: How Courts Decide Conflicts Over Financial Control

Conservatorship Disputes Among Family Members in Florida: How Courts Decide Conflicts Over Financial Control

Understanding the Law When Families Clash Over Conservatorship Appointments and Money Decisions

Conservatorship Disputes in Orlando Families: A Legal Perspective

Here in Orlando, I work with many families facing the emotional and legal challenges of conservatorship. When an aging parent or vulnerable adult can no longer manage their financial affairs, Florida law allows the court to appoint someone to take over those responsibilities. Unfortunately, this process often causes friction among siblings, children, or other relatives who disagree about who should be in charge—or how the money should be handled.

I’m Attorney Beryl Thompson-McClary, and I represent families across Orange County, Florida in conservatorship matters—especially when there’s a dispute. Whether you believe someone is misusing funds or you’re trying to protect a loved one’s assets, I’m here to guide you through the court process and fight for what’s right.

If you’re facing a contested conservatorship situation, call me at 1-888-640-2999 to schedule a consultation. I serve clients throughout Orlando and across Central Florida with one goal in mind: protecting both the conservatee and the integrity of the financial arrangements.

What Is a Conservatorship in Florida?

In Florida, the term “conservatorship” typically applies in very limited circumstances—usually involving absentee persons (like military members missing in action) or those legally declared absent. However, for the purpose of protecting adults who are unable to manage their financial affairs due to mental or physical limitations, Florida uses the guardianship process instead. That said, many people still refer to these as “conservatorship” cases, particularly when financial decisions are the central issue.

Under Florida Statutes Chapter 744, the court can appoint a guardian of the property to manage financial matters for an incapacitated person. This can include managing income, paying bills, overseeing investments, and protecting assets.

Disputes often arise when more than one family member wants to serve as guardian of the property—or when those already involved disagree about how the finances should be handled.

Who Can Petition for Guardianship of the Property in Florida?

Florida law allows any competent adult to petition the court to be appointed as guardian. This often includes:

  • Adult children
  • Siblings
  • Spouses
  • Longtime caregivers or friends

Once a petition is filed, the court appoints an examining committee to evaluate the person’s mental capacity. If the court determines that the individual is incapacitated in whole or in part, it then decides whether a guardian is needed—and who should serve.

When there are multiple petitioners or competing claims, the court must decide based on the best interests of the person under protection, not the family’s preferences. As an Orlando Conservatorship Lawyer, I help present evidence and testimony to support or oppose appointments, depending on the facts of the case.

How Florida Courts Resolve Conservatorship Conflicts Among Family Members

Disagreements between family members can turn emotional and legally complex. Common conflicts include:

  • Competing petitions from adult children
  • Accusations that one sibling is mismanaging funds
  • Disputes over reimbursement for caregiving expenses
  • Disagreements about selling property or investments

Florida Statute § 744.312 gives the court guidance on how to select a guardian when multiple people request appointment. The statute says the court should consider:

  • The proposed guardian’s relationship to the person
  • Any criminal background or financial issues
  • Whether the proposed guardian is employed in health care
  • The expressed wishes of the incapacitated person
  • The physical and mental ability of the petitioner
  • Any potential conflicts of interest

The law does not give automatic preference to children or spouses. Courts prioritize the person who is best suited to manage financial affairs responsibly and without personal bias.

When the Ward’s Wishes Matter

If the person under consideration has previously executed estate planning documents—such as a durable power of attorney, trust, or advance directive—these documents carry weight in court. A properly executed durable power of attorney may eliminate the need for guardianship entirely.

When such documents are disputed or allegedly invalid, the court must resolve those issues before deciding who should control the finances. As a Conservatorship Attorney in Orlando, I’ve handled cases where a family member challenged an old power of attorney, claiming undue influence or fraud. In these cases, timing, documentation, and testimony from professionals can be key.

Common Grounds for Objecting to a Family Member’s Appointment

It’s not uncommon for family members to oppose a specific petitioner for guardianship. The most common reasons for objection include:

  • Past financial mismanagement or bankruptcy
  • Criminal history, especially fraud or theft
  • Lack of relationship with the ward
  • Substance abuse or mental health concerns
  • Unwillingness to communicate with other family members

The objecting party must file formal pleadings and attend court hearings to present evidence. The court can deny the petition or appoint a professional guardian if no family member is deemed appropriate.

What If the Guardian Is Already Appointed and Family Disagrees on Decisions?

Once a guardian of the property is appointed, they must act under court supervision. This includes:

  • Filing annual financial accountings under F.S. § 744.367
  • Seeking approval for large transactions
  • Avoiding conflicts of interest
  • Acting in the ward’s best interests

Family members who believe the guardian is mismanaging funds can file objections, motions to compel, or petitions for removal under F.S. § 744.474. Grounds for removal include:

  • Abuse of power
  • Neglect or exploitation
  • Failure to file reports
  • Mixing personal and ward funds
  • Acting outside court approval

In cases where misconduct is proven, the court can revoke the appointment, demand repayment, or refer the matter to criminal investigators.

Mediation in Florida Conservatorship Disputes

Because these cases involve people who often need to maintain relationships, the courts often encourage mediation. Mediation allows families to come to mutually agreeable decisions regarding:

  • Who serves as guardian
  • How assets will be managed
  • Care plans for the ward

As your Orlando Conservatorship Lawyer, I can represent you during mediation or hearings, ensuring your concerns are presented clearly and your loved one’s interests are protected.

The Role of a Conservatorship Attorney in Orlando

When emotions run high and family members clash, having the right legal counsel becomes critical. I provide a steady hand through the process—whether you’re seeking to serve as guardian, objecting to someone else’s appointment, or fighting to protect a vulnerable loved one’s assets.

With decades of legal experience in Florida probate and guardianship courts, I understand how judges approach these conflicts, what documentation is persuasive, and how to effectively present your case.

If you’re dealing with a contested conservatorship in Orlando, call 1-888-640-2999 to schedule a consultation. These cases are too important to face without trusted legal support.

FAQs – Florida Conservatorship Disputes Among Family Members

Can multiple family members serve as co-guardians of the property in Florida?
Yes, the court may appoint co-guardians if it believes doing so serves the ward’s best interests. However, co-guardians must act jointly and may not always agree. Courts are cautious about appointing co-guardians when there’s a history of family conflict. If disagreements interfere with financial decisions, the court may revoke the arrangement.

What happens if siblings both want to be the conservator?
The court reviews each sibling’s qualifications, background, and relationship with the ward. Judges consider whether one has been more involved in caregiving or financial assistance. If both are qualified but in conflict, the court may appoint an independent guardian of the property to avoid family disputes affecting the ward.

Can I contest someone else’s petition for guardianship of my parent’s property?
Yes. Florida law allows interested parties to file objections if they believe the petitioner is unfit, has a conflict of interest, or is acting out of self-interest. Evidence such as prior legal issues, financial records, or testimony from medical or care professionals can influence the court’s decision.

What if I believe the current conservator is misusing funds?
You can petition the court for review and removal. Florida law requires guardians of the property to submit regular accountings. If there are discrepancies or concerns about financial abuse, the court may investigate and require the guardian to provide documentation. A hearing may follow, and the court has authority to remove the guardian and appoint a replacement.

Is there a preference for a spouse or adult child when selecting a guardian of the property?
Florida courts consider family ties but do not guarantee preference. The most qualified person—not necessarily the closest relative—will be appointed. Courts assess who can manage the ward’s property responsibly and act without personal financial interest.

What should I do if a power of attorney exists but someone is still petitioning for guardianship?
You may present the power of attorney to the court and argue that no guardianship is needed. If the power of attorney was validly executed and the agent is acting appropriately, the court may dismiss the guardianship petition. If there are doubts about the agent’s conduct or allegations of coercion, the court will examine those issues closely.

Can the ward express their wishes in court?
Yes. Florida law allows the alleged incapacitated person to participate in hearings, hire counsel, and express preferences about who should manage their affairs. The court gives serious weight to the person’s wishes when capacity is partial or disputed.

What if my parent does not want a guardianship but one is being pursued anyway?
Your parent has the right to contest the petition. If they are able to understand the proceedings, they can appear in court, testify, and be represented by counsel. The court must find clear and convincing evidence of incapacity before removing their right to manage their property.

How do I prove someone is not fit to serve as guardian of the property?
You must submit evidence of financial irresponsibility, a criminal record, conflicts of interest, or other misconduct. Statements from professionals, bank statements, or testimony from witnesses may be introduced during a contested hearing.

Can I recover attorney’s fees if I challenge a guardianship petition?
Possibly. If your objection is successful and the court finds your efforts benefited the ward, you may request reimbursement of reasonable legal fees from the ward’s estate under Florida law. The court has discretion in awarding fees and reviews the outcome and benefit to the ward.

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

Contact our attorney if you are involved in a contested guardianship or conservatorship case in Florida. Whether you’re seeking to be appointed, opposing another petitioner, or protecting a loved one’s finances, we’re ready to stand by your side.

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What Are the Grounds for Conservatorship in Florida?

What Are the Grounds for Conservatorship in Florida?

Understanding Legal Authority Over Incapacitated Adults in Orlando and Throughout Orange County

Orlando is known for its lively community and growing population of families caring for loved ones with varying needs. Unfortunately, situations arise where an adult can no longer make sound decisions about their personal, medical, or financial affairs. This is when Florida law allows someone to petition the court for legal authority—often referred to as guardianship or conservatorship.

I’m Beryl Thompson-McClary, a Guardianship Attorney in Orlando, and I work with families throughout Orange County to help them protect their vulnerable loved ones. If you are considering pursuing conservatorship, or you have questions about whether it’s necessary in your situation, I can guide you through the process. Call my office at 1-888-640-2999 to schedule a consultation and get clear legal advice tailored to your circumstances.

Defining Conservatorship and Guardianship in Florida

In Florida, the term “conservatorship” is less commonly used than “guardianship,” but they share similar legal purposes: granting one person or entity the authority to manage another person’s affairs when they cannot do so themselves. Under Florida Statutes Chapter 744, guardianship may be established for minors or adults who are legally determined to be incapacitated.

Conservatorship in Florida typically applies to individuals who are missing or absent but still have property and legal rights that need protection. For adults who are present but lack decision-making capacity, guardianship is the appropriate legal mechanism. Both arrangements require court involvement and oversight to ensure the person’s rights are protected.

Grounds for Conservatorship or Guardianship Under Florida Law

To establish conservatorship or guardianship, you must prove that the individual cannot manage their personal or financial affairs due to one or more legally recognized reasons. The primary statute governing these cases is Fla. Stat. § 744.102 and related sections of Chapter 744.

Some of the most common grounds include:

  • Mental Illness or Cognitive Decline: Conditions like Alzheimer’s disease, dementia, or severe psychiatric illnesses that impair judgment and daily functioning.
  • Developmental Disabilities: Adults with lifelong intellectual or developmental disabilities who cannot make informed decisions independently.
  • Physical Incapacity: Severe injuries or medical conditions that leave an individual unable to communicate or manage their own affairs.
  • Chronic Substance Abuse: When ongoing drug or alcohol abuse results in consistent inability to handle personal or financial responsibilities.
  • Absentee or Missing Person: When an adult disappears or goes missing, Florida law allows appointment of a conservator to manage their property until their return or legal status is resolved.

Each of these grounds requires evidence and medical or professional evaluations to demonstrate incapacity or absence.

The Legal Process for Establishing Conservatorship

Florida courts do not lightly remove an individual’s rights. The process is carefully structured to ensure fairness and due process:

  1. Petition for Incapacity or Conservatorship: A relative or interested party files a petition outlining the reasons they believe guardianship or conservatorship is necessary.
  2. Appointment of an Attorney and Examination Committee: The alleged incapacitated person is given legal representation, and a three-member committee (including medical professionals) evaluates their condition.
  3. Court Hearing: The judge reviews evidence and testimony to decide whether the individual is legally incapacitated or considered missing and whether a guardian or conservator is required.
  4. Appointment of Guardian or Conservator: If granted, the court assigns someone with authority over the person’s property, personal decisions, or both, under Fla. Stat. §§ 744.312–744.344.

Ramifications of Conservatorship in Florida

Once a conservator or guardian is appointed, the ward may lose certain rights, including the ability to manage finances, sign contracts, determine residence, consent to medical treatment, or marry. These rights can be partially or fully removed, depending on the court’s findings.

The appointed guardian or conservator must:

  • Act in the ward’s best interests as a fiduciary under Fla. Stat. § 744.361.
  • File annual accountings and care plans to ensure transparency (Fla. Stat. § 744.367).
  • Obtain court approval for major financial transactions under Fla. Stat. § 744.441.

While conservatorship can be protective, it significantly affects personal freedoms, which is why courts weigh every case carefully and prefer less restrictive alternatives when possible.

Why Choose Attorney Beryl Thompson-McClary

As an Orlando Guardianship Attorney, I help families on both sides of these issues. Some clients come to me seeking to protect a loved one who can no longer manage their affairs. Others seek legal representation to contest a petition, believing guardianship or conservatorship is unnecessary or not in the person’s best interests.

I understand these cases are deeply personal and emotional. My role is to ensure your rights, and those of your loved ones, are protected throughout the process. I handle every stage of conservatorship proceedings, from petitions to hearings to ongoing court supervision, across all of Orange County.

If you need guidance about the grounds for conservatorship in Florida, call my office today at 1-888-640-2999 to schedule a consultation.

Florida Conservatorship Frequently Asked Questions

What is the difference between conservatorship and guardianship in Florida?
In Florida, guardianship is the primary legal tool for managing the affairs of incapacitated individuals. Conservatorship typically applies to missing or absentee persons whose property needs protection. While other states use the terms interchangeably, Florida law treats them as distinct but related concepts under Chapter 744.

Do you always need medical evidence to establish guardianship?
Yes. Florida law requires evaluations by an examining committee, usually made up of doctors and other professionals, to determine incapacity. The court cannot remove a person’s rights without reliable medical or professional testimony.

Can conservatorship or guardianship be limited?
Yes. The court may create a limited guardianship, removing only certain rights while allowing the individual to retain others. Florida favors limited guardianship over plenary guardianship whenever possible to preserve personal freedoms.

Who can petition for conservatorship in Florida?
Any interested party, such as a family member, friend, or even a professional agency, can file a petition. The court ultimately decides whether the person filing is suitable to serve as guardian or conservator.

What alternatives exist besides conservatorship or guardianship?
Alternatives include powers of attorney, health care surrogates, and trusts. Courts often consider whether less restrictive options are available before granting a guardianship or conservatorship.

Can conservatorship or guardianship be challenged?
Yes. The alleged incapacitated person or other interested parties may contest the petition, present evidence, or seek to modify or terminate guardianship if circumstances change.

What happens to financial assets during conservatorship?
If a conservator or guardian of the property is appointed, they manage assets under strict court supervision. They must act in the ward’s best interests, follow fiduciary duties, and obtain approval for major transactions to protect the person’s estate.

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

If you believe conservatorship or guardianship may be necessary—or if you want to contest a petition—having the right attorney matters. I’m here to help you understand Florida’s laws, protect your loved one’s rights, and handle your case with the care and dedication it deserves.

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Florida Conservatorship vs. Guardianship: What Families Need to Know

Florida Conservatorship vs. Guardianship: What Families Need to Know.

Understanding Your Legal Options for Protecting a Loved One in Orlando

Protecting Loved Ones in Orlando: Conservatorship and Guardianship Explained

Life in Orlando can be full of joy, but it can also bring challenges when a loved one becomes unable to manage their own affairs. Families often face tough decisions about how to help a parent, spouse, or adult child who is vulnerable due to illness, injury, or age-related decline. In Florida, there are two primary court-supervised legal tools to protect a person who cannot care for themselves or their finances: guardianship and conservatorship.

I’m Attorney Beryl Thompson-McClary, and as an experienced Conservatorship Attorney in Orlando, I’ve worked with families throughout Orange County who need to understand their options and protect their loved ones while respecting their rights. These cases can be emotional and complex, especially when relatives disagree on what is best. My goal is to guide you through the process with clarity, compassion, and the strong legal representation you need to make informed decisions.

If you are facing questions about conservatorship or guardianship in Florida, I encourage you to call my office at 1-888-640-2999 to schedule a consultation. I handle these sensitive matters throughout Orlando and surrounding communities, ensuring that every client understands their rights and obligations under Florida law.

Understanding the Difference Between Conservatorship and Guardianship in Florida

Many people confuse conservatorship and guardianship because both involve court appointments to help someone who cannot manage their own affairs. However, Florida law defines these terms differently under Chapter 744 of the Florida Statutes, and the choice between them depends on the circumstances of each case.

Guardianship Defined

A guardianship is a legal arrangement where the court appoints a guardian to make personal, medical, or financial decisions for an individual who has been declared partially or totally incapacitated. The person subject to guardianship is referred to as the ward.

Florida Statutes § 744.102(9) defines a guardian as a person appointed by the court to act on behalf of a ward’s person or property. The process typically begins when someone files a petition alleging that a person is unable to care for themselves or manage their property due to mental or physical limitations. The court then orders a thorough evaluation, including medical and psychological assessments, before deciding on incapacity and appointing a guardian.

Guardianships can be limited or plenary:

  • Limited Guardianship: The court removes only certain rights from the ward, allowing them to retain as much independence as possible.
  • Plenary Guardianship: The court removes all legal rights to manage personal and property matters, giving full control to the guardian.

Conservatorship Defined

A conservatorship in Florida is a more narrowly used legal tool, governed under Florida Statutes § 747.01–747.051, which applies primarily when a person has disappeared, is missing, or is detained by a foreign power, leaving their property in need of management. It is often used when someone is absent or unable to return, such as a deployed military member missing in action or a person who has vanished but still owns property or has financial responsibilities.

A conservator is appointed by the court to manage the absentee’s property and affairs until the individual returns or is otherwise accounted for. Unlike guardianship, conservatorship does not require a finding of incapacity because the individual’s absence—not mental or physical ability—is the basis for court intervention.

Key Differences Between Guardianship and Conservatorship

  1. Purpose and Scope
    • Guardianship: Designed to protect an incapacitated person’s personal and financial well-being.
    • Conservatorship: Focused on managing the property of someone who is missing or detained and unable to manage their affairs.
  2. Legal Findings Required
    • Guardianship: Requires a court determination of incapacity under § 744.331, based on evidence and evaluations.
    • Conservatorship: Requires proof that the person is an absentee under § 747.01, not that they lack mental capacity.
  3. Rights of the Individual
    • In guardianship, rights may be removed by court order but only to the extent necessary for protection, per § 744.3215.
    • In conservatorship, the individual retains all rights; the conservator’s authority only extends to property management.
  4. Duration and Termination
    • Guardianship remains until the court restores rights or the ward passes away.
    • Conservatorship ends when the absentee returns or is declared deceased.
  5. Court Oversight
    • Both guardians and conservators are fiduciaries required to act in the individual’s best interest and must file reports with the court. However, conservatorship oversight focuses on property, while guardianship may include personal care decisions.

How Courts Decide Which Option Applies

When families are uncertain about which legal tool is appropriate, the court evaluates the facts:

  • If the person is physically present but unable to manage their life or property, a guardianship may be necessary.
  • If the person is missing, imprisoned abroad, or otherwise absent, a conservatorship is appropriate to protect property and dependents.

The decision is guided by the evidence presented in court, including witness testimony, medical records, financial records, and affidavits regarding the individual’s whereabouts. My role as an Orlando Conservatorship Attorney is to help you prepare a strong petition or response, ensuring the judge has all the information needed to make a fair decision.

Relevant Florida Statutes and Legal Ramifications

The main statutes governing these matters are:

  • Chapter 744, Florida Statutes: Governs guardianships of minors and incapacitated persons.
  • Chapter 747, Florida Statutes: Governs conservatorships for absentees.

Both statutes aim to balance protection of vulnerable individuals or property with the preservation of personal rights. Courts are cautious to only impose as much legal restriction as necessary. Misusing these processes can lead to litigation, family disputes, or even civil liability if a guardian or conservator breaches their fiduciary duty.

Why Families in Orlando Choose Attorney Beryl Thompson-McClary

I have spent years helping families throughout Orange County understand Florida’s conservatorship and guardianship laws. I know that every case carries emotional weight and requires careful handling to protect both the individual and family relationships.

Clients choose me because I:

  • Listen to their concerns and explain options clearly.
  • Handle contested cases with determination while keeping the process respectful.
  • Fight to protect the rights of the ward or absentee property owner.
  • Ensure court filings and reports meet statutory requirements to avoid delays or disputes.

If you are facing uncertainty about conservatorship or guardianship, don’t try to navigate the court system alone. Call 1-888-640-2999 to schedule a consultation so we can discuss your unique situation and develop a legal strategy tailored to your family’s needs.

FAQs – Florida Conservatorship vs. Guardianship

What is the main difference between conservatorship and guardianship in Florida?
Guardianship protects an incapacitated person’s well-being and property. Conservatorship is used when someone is missing or detained, and their property needs a manager. Guardianship involves personal rights, while conservatorship focuses only on assets.

Who can file for guardianship or conservatorship in Florida?
Any interested party, including family members, friends, or financial institutions, can petition the court. The court will determine if the petitioner is qualified and acting in good faith.

Can conservatorship and guardianship apply to the same person?
Yes, in rare cases where a missing person is later found but incapacitated, the court may transition from conservatorship to guardianship. Separate proceedings would be required under Chapters 747 and 744 of Florida Statutes.

How long does a conservatorship last?
It continues until the absentee returns, is confirmed deceased, or the court otherwise terminates it. Annual reports are required to keep the conservatorship active and accountable.

Does a ward in a guardianship lose all rights?
No. Florida law under § 744.3215 ensures that rights are only removed when absolutely necessary. Limited guardianships preserve as much independence as possible.

Can a guardianship or conservatorship be contested?
Yes. Any interested person can challenge the necessity of the proceeding, the qualifications of the appointed guardian or conservator, or their actions after appointment. The court may hold hearings and change appointments if warranted.

Do conservators and guardians get paid?
They may receive reasonable compensation for their services, subject to court approval. All expenses and fees must be documented and reported to the court.

How can an attorney help with these cases?
An Orlando Conservatorship Attorney can prepare petitions, represent you in hearings, challenge unnecessary restrictions, and ensure that your loved one’s rights are protected. Having skilled representation is especially important in contested cases or when large estates are involved.

Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if you need guidance on conservatorship or guardianship proceedings in Florida. I serve families throughout Orange County, offering trusted representation in these important and sensitive matters.

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When Is a Conservatorship Necessary in Florida?

When Is a Conservatorship Necessary in Florida?

Understanding When Courts Step In to Protect Vulnerable Adults and Their Assets

Conservatorship Cases in Orlando and Throughout Orange County

Living in Orlando, I see firsthand how families face difficult decisions when a loved one can no longer manage their personal or financial affairs. Florida law provides several legal tools to help protect vulnerable adults, one of which is conservatorship. A conservatorship is a court-supervised process allowing someone to manage the property or finances of a person who cannot do so themselves.

I’m Attorney Beryl Thompson-McClary, an experienced Orlando Conservatorship Attorney who represents families and individuals involved in these sensitive matters. If you’re unsure whether a conservatorship is necessary for your loved one—or you believe a conservatorship has been wrongly sought—call my office at 1-888-640-2999 to schedule a consultation. I handle contested and uncontested conservatorship cases across Orange County, ensuring that rights are protected and that the court only grants conservatorship when legally justified.

Understanding Conservatorship Under Florida Law

While guardianship is more commonly used in Florida, conservatorship applies in certain cases, particularly when an absentee’s property needs protection. Under Florida Statutes Chapter 747, a conservator may be appointed when a person is missing, detained, or otherwise unable to manage their property. This differs from guardianship under Chapter 744, which primarily focuses on decision-making for incapacitated persons present in Florida.

In both situations, the core issue is whether someone’s ability to manage their assets is compromised, and whether court intervention is necessary to prevent loss or exploitation. As an Orlando Conservatorship Attorney, I help clients understand when conservatorship is legally appropriate and guide them through the process of petitioning or contesting an appointment.

When Is a Conservatorship Necessary?

Conservatorship is not the first step in every situation involving diminished capacity or absence. Florida courts view conservatorship as a last resort, to be used only when less restrictive measures will not work. A court may find conservatorship necessary when:

  • A person is missing due to disappearance or military deployment and cannot manage their property.
  • An individual has been detained or imprisoned outside the state, leaving assets at risk.
  • A vulnerable adult is under significant threat of financial exploitation and lacks existing protective arrangements such as a power of attorney or trust.

The key question is whether immediate court involvement is required to protect property or funds from waste, loss, or mismanagement.

Who Can Petition for a Conservatorship in Florida?

Under Florida Statutes § 747.031, an interested party may petition the court to appoint a conservator. This includes:

  • Spouses or next of kin of the absentee person
  • Any person who would be entitled to the absentee’s property if they were deceased
  • Creditors or business associates with a financial interest in protecting the absentee’s property
  • Any person demonstrating concern for the welfare of the absentee’s estate

As your Orlando Conservatorship Attorney, I prepare and file petitions on behalf of families who need a temporary solution to protect a loved one’s assets while they are unable to act. I also represent those who wish to challenge unnecessary petitions to prevent unwarranted control over property.

Determining Incapacity or Absence Under Florida Law

In traditional guardianship proceedings, courts assess incapacity under Florida Statutes § 744.331, which involves appointing an examining committee and holding a hearing. In conservatorship cases, the focus is on proving the person is “absent” as defined under Chapter 747, meaning:

  • They have been missing for a continuous period, typically over five years, with no contact or known whereabouts.
  • They are outside the United States or detained by foreign authorities or military action.
  • They cannot return to Florida or manage their property in the foreseeable future.

The petitioner must present evidence of the absence and show that property or funds require immediate management. If the court is convinced, it may appoint a conservator with authority to collect rents, pay debts, invest funds, and protect assets until the absentee’s return.

The Legal Standards for Appointment

Courts are cautious about granting conservatorship because it takes away significant control from the absentee individual. Florida law requires:

  • A verified petition outlining the facts of the absence
  • Notice to interested parties, including heirs and creditors
  • Proof that no other arrangements are sufficient to protect the property
  • Evidence of the absentee’s last known residence, dependents, and assets

The court may hold hearings, receive testimony, and review sworn affidavits before issuing a conservatorship order. The goal is to ensure conservatorship is necessary, narrowly tailored, and supervised to avoid abuse.

Duties and Powers of a Conservator

Once appointed, a conservator is a fiduciary under Florida Statutes § 747.033, meaning they must act solely in the best interests of the absentee. Their responsibilities may include:

  • Securing property and ensuring insurance coverage
  • Collecting income from investments, rentals, or businesses
  • Paying debts and taxes on time
  • Filing annual accountings with the court under § 747.036
  • Preserving assets for eventual return to the absentee or rightful heirs

If a conservator mismanages funds or breaches their duties, interested parties can petition the court for removal or damages. As an Orlando Conservatorship Attorney, I represent clients seeking to hold conservators accountable for misconduct or negligence.

Alternatives to Conservatorship

Florida law favors less restrictive alternatives whenever possible. These may include:

  • A valid durable power of attorney allowing someone to manage assets temporarily
  • Establishing a trust to handle financial affairs
  • Court-appointed trustees for specific property interests

I advise clients on whether these tools may work instead of conservatorship. Courts will not grant conservatorship if another viable legal arrangement is already in place to protect property.

Consequences of Conservatorship Orders

Conservatorship is a significant legal action. It creates a court-supervised process that limits the absentee’s ability to control their property until the order is lifted. It can impact inheritance, contractual relationships, and business operations.

If the absentee returns or is later located, Florida Statutes § 747.046 provides a process to terminate the conservatorship and return all property. If the absentee is declared deceased, the conservatorship transitions to probate administration.

Families considering conservatorship should understand that while it is protective, it can also be restrictive, and court oversight continues until termination.

How I Help as an Orlando Conservatorship Attorney

Every conservatorship case is unique, requiring careful review of facts, assets, and family circumstances. My role is to ensure that:

  • The legal standards under Florida law are properly met before a conservatorship is established.
  • The process respects the rights of the absentee or incapacitated person.
  • The appointed conservator is trustworthy, qualified, and accountable.
  • Court supervision is maintained to protect assets from misuse.

I represent petitioners seeking conservatorship, heirs or family members wishing to challenge unnecessary petitions, and interested parties who need to monitor an appointed conservator’s actions.

If you are facing this issue in Orlando or anywhere in Orange County, call 1-888-640-2999 to discuss your options.

FAQs – Conservatorship in Florida

What is the difference between guardianship and conservatorship in Florida?
Guardianship typically applies when a person is present but mentally or physically unable to make decisions, while conservatorship applies mainly when someone is missing, detained, or otherwise unable to manage property due to absence. Both are court-supervised and designed to protect vulnerable individuals and their assets.

How long does a conservatorship last in Florida?
Conservatorship continues until the absentee returns, is located and able to manage their property, or is declared legally deceased. In some cases, courts may periodically review the conservatorship to determine if it is still necessary.

Can anyone petition for conservatorship?
Only “interested persons” with a legal or financial interest in the absentee’s property can petition. This usually includes family members, heirs, creditors, or business partners who stand to lose financially if assets are left unmanaged.

Is a conservator allowed to sell property?
A conservator may sell property, but only with court approval and only if it is in the best interest of preserving or maintaining the estate. Major decisions are closely monitored to prevent misuse of authority.

What happens if the absentee returns to Florida?
The conservatorship ends immediately upon proof that the absentee is alive and capable of managing their property. The conservator must return all remaining assets, provide an accounting to the court, and the case will be formally closed.

Can a conservatorship be contested?
Yes. Interested parties can object to the appointment of a conservator or petition to end an unnecessary conservatorship. Grounds for contesting include lack of evidence of absence, availability of less restrictive alternatives, or unfitness of the proposed conservator.

What oversight does the court have over a conservator?
Conservators must file inventories and annual accountings of all property transactions. The court reviews these reports and may order hearings or remove conservators who fail to perform their duties properly.

Does conservatorship affect inheritance rights?
Conservatorship does not change legal heirs or inheritance rights. However, mismanagement of assets can reduce the value of the estate, which is why strict court supervision and the right attorney representation are essential.

Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if you are considering a conservatorship or facing a dispute over one in Florida. I represent families and interested parties throughout Orange County, ensuring property is protected and legal rights are preserved.

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The Rights of the Conservatee in a Florida Conservatorship Case

The Rights of the Conservatee in a Florida Conservatorship Case

Understanding Your Legal Protections and How an Orlando Conservatorship Lawyer Can Help Safeguard Them

Protecting the Rights of the Conservatee in Orlando Conservatorship Cases

Life in Orlando is often vibrant and full of family connections, but when a loved one loses the ability to manage their own financial or personal affairs, difficult legal questions can arise. Sometimes, well-meaning relatives petition the court to appoint a conservator to protect that person’s assets or make decisions on their behalf. While conservatorship can be a helpful safeguard, it also raises serious concerns about the individual’s rights and independence.

As an Orlando Conservatorship Attorney, I’ve worked with families throughout Orange County to handle both sides of conservatorship cases—whether you’re seeking protection for a vulnerable loved one or defending your own rights as a proposed conservatee. My name is Attorney Beryl Thompson-McClary, and I focus on ensuring that the person at the center of a conservatorship case is treated fairly and retains as much personal freedom as the law allows. If you’re involved in a conservatorship matter, you can call me at 1-888-640-2999 to schedule a consultation.

In this article, I’ll explain how Florida law defines conservatorship, what rights a conservatee has under Florida Statutes § 744.3215, and how due process safeguards are built into the system to protect those rights. My goal is to help you understand your options so that you can make informed choices during this challenging time.

What Is a Conservatorship Under Florida Law?

Conservatorship is a court-supervised legal arrangement where someone is appointed to manage the property or financial affairs of another person who cannot manage them due to incapacity, disappearance, or other qualifying circumstances. While guardianship in Florida typically relates to personal and medical decision-making, conservatorship is primarily focused on protecting a person’s property and financial well-being.

Florida Statutes, particularly Chapter 747 and Chapter 744, outline the rules for conservatorship proceedings. The court will only appoint a conservator if there is clear and convincing evidence that the person (known as the conservatee) cannot effectively manage their own affairs. Before making this determination, the court must consider whether less restrictive alternatives—such as a power of attorney, trust, or advance directive—can adequately protect the individual’s interests.

As an Orlando Conservatorship Lawyer, I have represented clients on both sides of these cases. Families may believe conservatorship is necessary to protect loved ones from exploitation or mismanagement. At the same time, the proposed conservatee has a right to challenge the petition and argue for maintaining control over their own life.

Legal Rights of the Conservatee Under Florida Statutes

One of the most important sections of Florida law for conservatees is Florida Statutes § 744.3215, which lists the rights that all adults retain unless specifically removed by a court after due process. These include:

  • The right to receive notice of proceedings and hearings.
  • The right to be present at hearings and speak on their own behalf.
  • The right to be represented by an attorney (and have one appointed if necessary).
  • The right to present evidence and cross-examine witnesses.
  • The right to request that a hearing be open or closed to the public.
  • The right to appeal a court decision.
  • The right to manage certain personal rights that are not affected by the conservatorship order.

Even when the court determines that a conservator is necessary, Florida law emphasizes that the arrangement must be narrowly tailored. The conservatee should retain as many legal rights as possible. Courts are instructed to impose the least restrictive measures, ensuring the conservatee continues to have a voice in decisions about their life and property.

My role as an Orlando Conservatorship Attorney is to make sure these statutory rights are respected. I’ve represented individuals challenging unnecessary conservatorships or seeking to restore rights once circumstances change. The law gives conservatees more protection than many people realize—those protections only matter if they’re enforced in court.

Due Process Protections in Florida Conservatorship Cases

Conservatorship proceedings are not automatic. Florida law builds in due process protections to ensure no one loses their rights without a fair and thorough hearing. These protections include:

  • Notice of Petition: The proposed conservatee must receive official notice of the petition and hearing date.
  • Legal Representation: They have the right to hire their own attorney or request a court-appointed one if they cannot afford representation.
  • Medical and Professional Evaluations: The court relies on evaluations from qualified professionals to determine the individual’s ability to manage their affairs.
  • Right to Be Heard: The conservatee can present testimony, evidence, and witnesses in their defense.
  • Burden of Proof: The petitioner must provide clear and convincing evidence that conservatorship is necessary.
  • Right to Appeal: If a conservatorship is granted, the conservatee has the right to appeal the decision to a higher court.

These safeguards are designed to prevent abuse of the system. Unfortunately, not every case is handled correctly, and rights can be overlooked. That’s why having an experienced attorney is crucial to protect yourself or your loved one.

Practical Effects of a Conservatorship

When the court appoints a conservator, the conservatee may lose certain rights related to property management, financial transactions, and signing contracts. However, unless the court removes them, the conservatee typically retains rights such as:

  • To receive personal spending money as determined by the court.
  • To request termination or modification of the conservatorship.
  • To communicate freely with others.
  • To make personal decisions unrelated to finances (unless restricted by guardianship).

Improperly handled conservatorships can lead to loss of autonomy, financial hardship, or even exploitation. My job as an Orlando Conservatorship Lawyer is to ensure every decision respects the law and the conservatee’s dignity. I’ve successfully challenged overreaching petitions and helped restore rights for individuals whose conditions improved or who were initially misjudged as incapacitated.

How Attorney Beryl Thompson-McClary Can Help

Every conservatorship case is unique, often involving sensitive family relationships and high financial stakes. I provide clients with clear legal guidance, strong advocacy in court, and careful attention to their specific circumstances. My work includes:

  • Defending conservatees who wish to retain their independence.
  • Ensuring proper medical evaluations and evidence are considered.
  • Contesting petitions filed without adequate justification.
  • Assisting families in seeking a fair conservator when truly needed.
  • Filing petitions to restore rights or remove unfit conservators.

Having handled numerous cases throughout Orange County, I understand both the emotional and legal challenges of these proceedings. I’ll fight to make sure the conservatee’s rights are fully respected under Florida law.

If you’re facing a conservatorship petition or concerned about your rights—or those of a loved one—call my office at 1-888-640-2999 to schedule a consultation. Acting early can make a significant difference in the outcome of the case.

FAQs – Rights of the Conservatee in Florida Conservatorship Cases

What is the difference between conservatorship and guardianship in Florida?
Conservatorship generally applies to managing financial and property matters for an adult who is missing, incapacitated, or unable to handle their affairs. Guardianship covers personal and medical decisions. Some cases involve both, but they are distinct legal processes under Florida law.

Does the court always appoint a family member as conservator?
No. The court’s primary focus is the best interests of the conservatee. If there is evidence of financial mismanagement, conflicts of interest, or prior misconduct by a family member, the court may appoint a neutral third party or professional conservator.

Can a conservatee object to the appointment of a conservator?
Yes. Florida Statutes give the conservatee the right to challenge the petition, present evidence, hire an attorney, and argue that they can manage their own affairs or that a less restrictive alternative is available.

Is a medical evaluation required before appointing a conservator?
In most cases, yes. The court relies on assessments from qualified professionals to determine the level of incapacity or inability to manage finances. These evaluations carry significant weight in the final decision.

Can a conservatorship be modified or terminated?
Yes. If the conservatee’s condition improves or new information shows the conservatorship is unnecessary, they or their attorney can petition the court to modify or end it. The court will review updated evaluations and make a ruling based on current circumstances.

What if a conservator mismanages funds or abuses their authority?
Florida law provides mechanisms to hold conservators accountable. Interested parties can petition for a review, demand accountings, and request removal of the conservator under Florida Statutes § 744.474 if there’s evidence of misconduct, neglect, or exploitation.

Does the conservatee have a right to spend their own money?
Typically, the conservator manages most financial matters, but courts may allow a conservatee personal spending money or decision-making power over certain transactions unless doing so poses a risk to their financial stability.

How long does a conservatorship last?
Conservatorships remain in place until the court determines they’re no longer necessary. This can be temporary or long-term, depending on the conservatee’s condition, availability of alternatives, or legal actions taken to restore rights.

Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if you are involved in a conservatorship case in Orange County, Florida. Whether you’re a conservatee defending your independence or a family member seeking fair protection for a loved one, I will help ensure that every step of the process respects your rights and complies with Florida law.

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How to Contest a Conservatorship in Florida Courts

How to Contest a Conservatorship in Florida Courts

Understanding Your Rights and Legal Options in Challenging a Conservatorship

Orlando Families Facing Conservatorship Disputes

Life in Orlando and throughout Orange County is vibrant and family-centered, but legal disputes over conservatorship can create tension and uncertainty for loved ones. A conservatorship is meant to protect vulnerable individuals who may not be able to manage their financial affairs. However, not every petition for conservatorship is appropriate, and in some cases, family members or interested parties believe the petition is unnecessary, harmful, or filed by the wrong person.

I am Attorney Beryl Thompson-McClary, an experienced Conservatorship Attorney in Orlando. I have represented clients on both sides of conservatorship cases—those seeking to protect a loved one and those fighting to prevent unnecessary court intervention. If you are facing a contested conservatorship or need to challenge one, I can help you understand your legal rights under Florida law and build a strong case in court. Call my office at 1-888-640-2999 to schedule a consultation and learn how I can assist you throughout Orange County, Florida.

What Is a Conservatorship in Florida?

Conservatorship under Florida law is a court-supervised legal arrangement designed to manage the financial affairs of an individual who cannot do so on their own. While guardianship often addresses both personal and financial decisions, a conservatorship is typically focused on property and asset management.

According to Florida Statutes Chapter 747, a conservatorship is most commonly established when:

  • A person is missing, detained, or unable to return to manage their estate.
  • A person is incapacitated and cannot handle their finances, yet no other arrangements (like a durable power of attorney) are in place.

The court appoints a conservator to step in and manage money, property, and legal decisions. However, conservatorships can be abused, improperly sought, or used when less restrictive alternatives exist. That’s why Florida law gives interested parties the right to contest a petition for conservatorship.

Grounds to Contest a Conservatorship Petition

Contesting a conservatorship means you are asking the court to deny or terminate the petition because it is not in the individual’s best interests or violates their rights. Common grounds for objection include:

  • Lack of Incapacity: Evidence shows the person is capable of managing their financial affairs.
  • Less Restrictive Alternatives: Existing arrangements like a valid power of attorney, trust, or healthcare directive make conservatorship unnecessary.
  • Improper Petitioner: The person seeking conservatorship is not suitable due to conflicts of interest, financial misconduct, or strained relationships.
  • Fraud or Undue Influence: The petition was filed to gain control of the person’s assets through dishonest means.
  • Errors in Procedure: The petition failed to meet statutory requirements for notice, medical evidence, or due process.

As an Orlando Conservatorship Lawyer, I carefully examine each case to determine which objections may apply. Contesting conservatorship is not about creating conflict; it is about ensuring the law is followed and that the individual’s rights are respected.

The Legal Process to Contest a Conservatorship in Florida

Florida law provides a structured process to contest a conservatorship petition, balancing protection for the alleged incapacitated person (AIP) with their right to autonomy.

1. Filing an Objection

Any interested person—including family members, close friends, or financial advisors—may file a written objection with the court. This objection must be timely and state specific reasons why the conservatorship is unnecessary or improper under Florida Statutes § 747.021 and related provisions.

2. Court-Appointed Representation

The alleged incapacitated person has the right to legal counsel. If they cannot afford an attorney, the court must appoint one. This ensures their side of the case is fully presented.

3. Notice and Hearing

The court will schedule a hearing to consider the objection. All parties receive notice of the date and time, giving each side the opportunity to gather evidence, call witnesses, and prepare arguments.

4. Evidentiary Hearing

At this stage, both the petitioner and objecting parties present their evidence. This may include medical records, testimony from physicians, financial documents, or witness statements showing the individual’s decision-making ability or the petitioner’s unsuitability.

The court considers this evidence under the standard of “clear and convincing proof” that conservatorship is necessary. The judge is legally obligated to seek the least restrictive alternative under Florida Statutes § 744.331 (applied in conservatorship matters) before removing financial decision-making rights.

5. Court’s Decision

After reviewing all testimony and evidence, the court may:

  • Deny the petition for conservatorship
  • Approve the petition and appoint the proposed conservator
  • Appoint an alternative conservator better suited to the role
  • Order a limited conservatorship that preserves as many rights as possible
  • Suggest alternatives like trusts or durable powers of attorney

My role as your Orlando Conservatorship Lawyer is to build a strong case, protect the interests of your loved one, and ensure the court has accurate and complete information before making its decision.

Consequences of a Conservatorship Ruling

The outcome of a contested conservatorship hearing has significant, long-lasting consequences:

  • Loss of Autonomy: If approved, the individual may permanently lose control over finances and property.
  • Financial Oversight: Court-supervised conservatorships require ongoing reporting under Florida Statutes § 744.367, which can affect family dynamics and future decision-making.
  • Potential Abuse Prevention: On the positive side, a properly managed conservatorship can prevent exploitation and safeguard assets.
  • Emotional Impact: Whether granted or denied, contested cases often leave lasting emotional effects on family members and the ward.

Because of these ramifications, you should never face a contested conservatorship without qualified legal representation. I help clients in Orlando and across Orange County understand their rights, present persuasive evidence, and protect their loved ones’ best interests.

Why Choose Attorney Beryl Thompson-McClary for Contested Conservatorship Cases

Contested conservatorships are among the most sensitive legal matters families face. I have handled these cases throughout Orange County for many years, representing both those seeking conservatorship and those fighting to prevent unnecessary court intervention.

Clients trust me because I:

  • Thoroughly review financial, medical, and legal documentation
  • Protect the rights of the alleged incapacitated person at every stage
  • Build strong cases for or against conservatorship based on Florida law
  • Provide compassionate guidance during highly emotional family disputes

If you are considering challenging a conservatorship or need defense against an objection, call 1-888-640-2999 to schedule a consultation. Having an experienced Orlando Conservatorship Attorney on your side can make all the difference in the outcome of your case.

FAQs – Contesting Conservatorships in Florida

Who can contest a conservatorship petition in Florida?
Any “interested person” as defined under Florida law may object to a petition. This includes spouses, adult children, other relatives, close friends, or anyone with a legitimate interest in the person’s welfare or financial affairs.

What evidence is needed to successfully contest a conservatorship?
You need clear, credible evidence that either the person is not incapacitated or that less restrictive alternatives are available. Medical evaluations, cognitive assessments, power of attorney documents, and witness testimony often play a key role in challenging the petition.

Can an objection stop the conservatorship from being established?
Yes, if the objection shows that the legal standards for incapacity or the need for conservatorship have not been met, the judge can dismiss the petition. Alternatively, the court might order a limited conservatorship or appoint a different conservator.

What are my loved one’s rights during the conservatorship process?
The alleged incapacitated person has the right to attend hearings, be represented by counsel, present evidence, and appeal an unfavorable decision. They are entitled to due process protections under Florida Statutes §§ 744.331 and 747.021.

What if the court appoints a conservator and we later discover misconduct?
Florida law allows petitions for removal under Florida Statutes § 744.474 if a conservator mismanages assets, acts dishonestly, or fails to perform duties. The court can suspend or replace the conservator to protect the ward’s interests.

How long does a contested conservatorship case take in Florida?
The timeline depends on the complexity of the case, availability of medical evaluations, and the number of parties involved. Some cases resolve in weeks, while highly contested matters can take months.

Do I need an attorney to contest a conservatorship?
While not required, having an Orlando Conservatorship Lawyer is highly advisable. These cases involve strict procedural rules and high evidentiary standards. Legal counsel ensures your objections are properly filed and supported in court.

Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if you need to contest a conservatorship petition or protect the rights of a loved one in Orange County, Florida. My firm is dedicated to ensuring that conservatorships are used only when necessary and that every person’s rights are safeguarded under Florida law.

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How to Prevent Legal Battles Over Guardianship in Florida

How to Prevent Legal Battles Over Guardianship in Florida

A Clearer Path to Peace for Families Facing Guardianship Issues

In a place as vibrant and diverse as Orlando, family dynamics are just as varied as the people who call Central Florida home. But when someone you care about becomes incapacitated or unable to manage their affairs, families are often forced into difficult decisions. Emotions run high, and sometimes disagreements turn into full-blown legal battles. I’m Beryl Thompson-McClary, a Guardianship Attorney in Orlando, and I’ve helped many families across Orange County find ways to avoid these painful and expensive court fights.

My approach is grounded in the law, focused on the facts, and always shaped by the best interests of the person who needs protection. Whether you’re trying to establish a guardianship or you’re worried about someone being taken advantage of, it’s important to understand how these conflicts start—and what you can do to prevent them.

If you need help with a guardianship matter, call my office at 1-888-640-2999 to schedule a consultation. I serve clients throughout Orange County and am here to help protect your loved ones and your family relationships.

Why Guardianship Disputes Arise in Florida

Guardianship battles often happen when there is a breakdown in communication, a lack of trust, or confusion over a loved one’s wishes. Florida law allows any adult to petition the court to become the guardian of someone who is allegedly incapacitated. But when multiple family members disagree about who should be appointed—or whether guardianship is even necessary—the case can escalate quickly.

These disagreements are often rooted in genuine concern. One child may believe their parent is being manipulated. Another may argue that the parent is still capable of making decisions. Without clear evidence, the court is left to sort through conflicting accounts, and families may be left divided.

As an Orlando Guardianship Attorney, I’ve seen these conflicts unfold from all angles. Sometimes, I represent family members who are worried that another relative is trying to seize control. Other times, I help guardians defend themselves against unfair accusations. Either way, my job is to keep the focus where it belongs: on the welfare of the individual who needs protection.

Florida Law and Guardianship Petitions

The legal process for establishing guardianship is outlined in Florida Statutes Chapter 744, which provides detailed guidance on everything from determining incapacity to assigning a guardian. When a petition is filed, the court will appoint an examining committee to evaluate the person in question. Based on their findings, the judge decides whether guardianship is necessary and who should serve.

Under Fla. Stat. §744.331, the alleged incapacitated person has the right to legal representation, to attend the hearing, and to present evidence. This means that even before a guardian is appointed, the case can become contentious if there are conflicting reports or competing petitions from family members.

Once a guardian is appointed, the responsibilities and limitations of that guardian are clearly defined under Fla. Stat. §744.361. Guardians must act in the ward’s best interests, submit annual reports, and seek court approval for major decisions. But even after appointment, disputes can arise—especially if other family members feel excluded, suspicious, or concerned about financial decisions.

How to Avoid Guardianship Disputes Before They Start

Disagreements over guardianship can often be prevented with early planning and open communication. Here are several steps I advise clients to take if they want to reduce the likelihood of family conflict:

  • Advance Planning: Encourage your loved ones to create durable powers of attorney, healthcare surrogates, and living wills before any issues arise. These documents make it clear who is authorized to make decisions and under what circumstances.
  • Family Discussions: Talk to your family about your preferences or your loved one’s wishes. While these conversations may feel uncomfortable, they can prevent misunderstandings later.
  • Trust-Based Estate Planning: Consider creating revocable or irrevocable trusts that include language on successor trustees, incapacity provisions, and asset protection. This can reduce the need for court-appointed guardianship altogether.
  • Use a Professional Guardian: When family dynamics are too strained, appointing a neutral third party may be the best way to avoid personal disputes. Courts in Florida recognize and approve professional guardians in appropriate cases.

As your Guardianship Attorney in Orlando, I can guide you through each of these steps and ensure your documents are legally valid and properly executed.

When Disputes Are Already Happening

If your family is already in conflict over a guardianship case, it’s important to act carefully and legally. Filing petitions without understanding the full implications can backfire. I work with clients on both sides—those seeking guardianship and those defending themselves from what they believe is an unnecessary or harmful petition.

Here are some steps we may take:

  • Demanding Evidence: Under Fla. Stat. §744.3201, every petition for incapacity must include factual statements, not just opinions. If another party makes unfounded claims, we can challenge their petition.
  • Requesting Mediation: Florida guardianship courts often allow or encourage mediation. This can help families reach an agreement outside of the courtroom.
  • Filing Objections or Cross-Petitions: If you believe someone else should be appointed guardian, or if you think the person seeking control is not fit to serve, we can file the appropriate documents to protect your loved one’s interests.
  • Seeking Court Oversight or Removal: If a guardian is already appointed but mismanaging assets or violating duties, I can petition the court under Fla. Stat. §744.474 for oversight or removal.

Guardianship cases should be focused on care and protection—not power struggles. With experienced legal support, you can make sure the court hears the facts clearly and avoids unnecessary escalation.

The Cost of Guardianship Litigation

Legal battles over guardianship aren’t just emotionally painful—they can be financially damaging. Multiple petitions, attorney fees, expert witnesses, and extended court hearings all add up. Worse, these costs are often paid from the ward’s estate.

That’s why I always explore ways to avoid full-scale litigation when possible. Mediation, negotiated settlements, and third-party guardianships can often preserve family relationships and protect the ward’s finances. But if your case does require litigation, I’m prepared to represent you with clarity, compassion, and the full force of Florida law.

Why Choose Me as Your Orlando Guardianship Attorney

I understand the sensitive nature of guardianship cases. Families are often under stress, and emotions can make communication difficult. My role is to serve as a steady legal guide, to help you understand your rights, and to make sure your loved one receives the protection they need.

Whether you’re trying to set up a guardianship, respond to a petition, or resolve a conflict over an existing arrangement, I’m here to help. I represent clients throughout Orange County and I offer clear, practical legal advice based on years of real experience in Florida guardianship law.

If you are facing or anticipating a guardianship dispute, call my office at 1-888-640-2999 to schedule a consultation.

Frequently Asked Questions

What are the main causes of guardianship disputes in Florida?

Disputes usually arise from disagreements about who should serve as guardian, whether the person truly needs a guardian, or how the ward’s assets are being handled. Emotions, misunderstandings, and lack of planning often contribute to these conflicts. When families communicate early and establish clear legal documents, many of these disputes can be avoided.

Can a guardianship dispute be resolved without going to court?

Yes. Mediation is an option in many Florida guardianship cases and is often encouraged by the court. If both sides are willing to compromise, they can agree on a guardian or an alternative plan that avoids prolonged litigation. Mediation can save time, preserve relationships, and reduce expenses.

Who has the right to file for guardianship in Florida?

Any adult can file a petition for guardianship of another person in Florida. That includes family members, friends, or professional caregivers. However, just because someone files doesn’t mean they will be appointed. The court reviews the facts and considers the best interests of the alleged incapacitated person.

What legal protections exist to prevent abuse of guardianship?

Florida law imposes strict fiduciary duties on guardians and requires annual reports, accountings, and judicial oversight. Interested parties can file complaints or petitions if they suspect financial abuse, neglect, or other misconduct. Guardians can be suspended or removed if they fail to perform their duties properly.

Can someone object to a guardianship if they think it’s unnecessary?

Yes. Under Florida Statutes, the alleged incapacitated person has the right to contest the petition. Additionally, family members and other interested parties can file objections or alternative petitions. The court considers medical evidence, expert testimony, and family input when deciding whether to impose a guardianship.

What if two or more people want to serve as guardian?

When multiple people petition to be appointed, the court evaluates each candidate’s qualifications, relationship to the ward, history of involvement, and ability to carry out fiduciary duties. The judge may appoint one guardian or, in some cases, co-guardians. However, co-guardianships can lead to conflict unless carefully managed.

Is it possible to avoid guardianship altogether?

In many cases, yes. With proper estate planning documents, such as durable powers of attorney, advance healthcare directives, and revocable trusts, families can avoid guardianship proceedings. These legal tools allow trusted individuals to step in without court involvement if someone becomes incapacitated.

Can a guardianship be changed or terminated later?

Yes. If circumstances change—such as recovery of capacity or discovery of misconduct—an interested party can petition the court to modify, terminate, or replace the guardianship. The ward also has the right to seek restoration of their rights if they regain the ability to manage their own affairs.

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

If you are concerned about preventing or resolving a guardianship dispute in Florida, it’s important to act thoughtfully and legally. These cases impact people’s lives and finances in a serious way.

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What to Do If You Suspect a Guardian Is Acting Against a Ward’s Best Interests in Florida

What to Do If You Suspect a Guardian Is Acting Against a Ward’s Best Interests in Florida

How Florida Law Protects Vulnerable Adults From Guardian Misconduct

Orlando is a vibrant and growing city, home to countless families who care deeply for aging loved ones and adult children with special needs. As a Guardianship Attorney in Orlando, I work closely with families throughout Orange County who need help managing the legal and personal aspects of guardianship. One of the hardest things to witness is when someone suspects that a guardian—someone appointed to protect a vulnerable adult—may be abusing that trust.

If you believe a guardian is acting in a way that harms, exploits, or neglects a ward, you have options. I’m Beryl Thompson-McClary, and I help people on both sides of guardianship matters—whether you’re seeking to challenge a guardian’s conduct or you’re a guardian defending against unfair accusations. If you need help, call my office at 1-888-640-2999 to schedule a consultation.

Let’s walk through what Florida law says about guardian misconduct, how to spot the warning signs, and what you can do if you’re concerned.

Understanding the Guardian’s Legal Duties in Florida

Guardians in Florida are legally bound to act in the best interests of the person they care for, known as the “ward.” These responsibilities are outlined in Chapter 744 of the Florida Statutes. Guardians have fiduciary duties, meaning they must act with honesty, care, and loyalty.

Under Florida Statute §744.361, a guardian must:

  • Properly manage the ward’s assets and property
  • File annual accountings and status reports
  • Use the ward’s funds only for their benefit
  • Make decisions consistent with the ward’s needs and wishes, where possible

When a guardian fails to fulfill these duties, they may be removed or sanctioned by the court. If the misconduct involves financial abuse or neglect, they may even face criminal charges.

What Are Common Signs of Guardian Misconduct?

Guardianship abuse isn’t always obvious. In many cases, family members, friends, or caretakers begin to notice subtle signs that something isn’t right.

You may have reason to act if you observe:

  • Unexplained withdrawals from the ward’s accounts
  • Sudden changes in the ward’s lifestyle or living conditions
  • The ward appears confused, neglected, or malnourished
  • The guardian refuses to share financial or medical information
  • Missed court filings or failure to submit annual reports

If you’re unsure whether a guardian’s conduct crosses the line, I can help you understand what the court will consider a violation.

Legal Grounds for Removing a Guardian in Florida

If you suspect misconduct, Florida Statute §744.474 provides a legal basis for removing a guardian. The court may remove a guardian who:

  • Fails to file required reports or inventories
  • Misuses or misappropriates the ward’s assets
  • Is convicted of a crime that impacts their suitability
  • Has a conflict of interest or is otherwise unfit
  • Neglects the ward’s personal care or welfare

A petition to remove the guardian can be filed by any “interested person,” including family members, health care providers, or close friends.

How to File a Complaint or Petition

The first step in protecting the ward is gathering evidence. This might include financial documents, written communications, photographs, or witness statements. From there, you have two primary options:

  1. File a formal petition to remove the guardian in the guardianship court
  2. Submit a complaint to the Clerk of Court or the Department of Elder Affairs

Depending on the situation, the court may order an investigation or set a hearing. If immediate harm is suspected, the court may appoint a temporary guardian or freeze the ward’s assets.

As an Orlando Guardianship Attorney, I help clients prepare and file petitions with clear, detailed evidence to support their claims. If you’re a guardian facing false accusations, I can also defend your actions and show the court your compliance with legal obligations.

What Happens After a Petition Is Filed?

Once a petition is submitted, the court may:

  • Set a hearing date
  • Request additional information from the guardian
  • Order an audit of the guardian’s financial management
  • In emergency cases, appoint a guardian ad litem or an emergency temporary guardian

If the court finds the guardian has acted against the ward’s interests, they can be removed and replaced. In some cases, the removed guardian may be required to repay misused funds or account for missing assets.

It’s important to understand that the goal of the court is not punishment but protection. Everything centers on the best interests of the ward. That’s why it’s so important to work with an attorney who understands these cases from every angle.

Defending Against Unjust Accusations

Sometimes, a guardian is doing their best, but family members disagree about care decisions or financial management. False or exaggerated accusations can lead to unnecessary legal battles. If you are a guardian facing a removal petition, you deserve a fair opportunity to defend your actions.

I regularly represent guardians accused of wrongdoing and help them:

  • Respond to petitions with supporting documentation
  • Present evidence of good-faith actions and compliance
  • Demonstrate that they acted according to court orders
  • Request a guardian ad litem investigation to show they acted responsibly

Not every petition results in removal. The court looks carefully at each case and weighs all the evidence before taking action.

Consequences of Guardian Misconduct Under Florida Law

When misconduct is proven, the court has wide discretion to take corrective action. This may include:

  • Removal of the guardian
  • Reimbursement of misused funds
  • Referral to law enforcement for prosecution
  • Appointment of a successor guardian

In egregious cases, guardians can face felony charges under Florida’s elder abuse laws. Failing to act quickly when you suspect abuse can lead to lasting harm to the ward’s health, finances, and legal rights.

Whether you’re concerned about a loved one’s safety or trying to protect your reputation as a guardian, your next steps matter. Call my office at 1-888-640-2999 to schedule a consultation and get the support you need.

FAQs: Suspected Guardian Misconduct in Florida

What are my options if I believe a guardian is stealing from a ward?
You can file a formal petition in the guardianship court or report your concerns to the Clerk of Court. You’ll need to provide documentation or witness statements. If the court finds evidence of wrongdoing, the guardian may be removed and held financially accountable.

Can I ask the court to freeze the ward’s accounts?
Yes, but only in specific situations. If you believe immediate harm is likely, your attorney can request emergency measures. This may include freezing accounts, appointing a temporary guardian, or suspending the current guardian’s powers.

How do I know if a guardian is neglecting the ward’s care?
Signs of neglect may include weight loss, poor hygiene, missed medical appointments, or isolation. If you’re concerned, document what you’ve seen and bring it to the attention of the court. The court may investigate and order corrective measures.

Can a guardian be removed without a hearing?
Typically, no. A hearing allows the court to examine evidence from all sides. In emergencies, the court can appoint a temporary guardian pending the outcome of a formal hearing. Even then, due process protections apply.

What if the ward is still able to speak for themselves?
The court will consider the ward’s input, especially if they can express clear preferences. Guardianship doesn’t automatically eliminate all of a person’s rights. If the ward expresses discomfort or concern, the court may give that great weight.

I’m a guardian being accused unfairly. What should I do?
You should retain legal representation immediately. Keep detailed records of your actions, including receipts, medical logs, and correspondence. Your attorney can help present this to the court and defend your right to serve.

What if the guardian is a family member? Can they still be removed?
Yes. Relationship to the ward does not shield someone from removal. If the guardian is mismanaging funds, neglecting care, or violating court orders, the court can and will act regardless of the family connection.

Can the ward regain control of their affairs if their condition improves?
Yes. If the ward can demonstrate restored capacity, they can petition the court to terminate the guardianship. The court will usually require a medical evaluation or testimony from health professionals before restoring rights.

How long does it take to remove a guardian in Florida?
It depends on the complexity of the case. Some petitions are resolved in a few weeks, while others involving extensive financial reviews may take several months. Emergency cases can move more quickly.

Should I report suspected misconduct even if I’m not sure?
If you have a good faith concern, it’s better to report it. The court can review the situation and decide whether to take further action. Florida law is designed to protect the ward above all else.

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

If you believe a guardian is acting against the best interests of a loved one—or if you are a guardian facing accusations of misconduct—you don’t have to face it alone. These cases are sensitive, and your next step matters.

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What to Do If You Suspect a Guardian Is Acting Against a Ward’s Best Interests in Florida

What to Do If You Suspect a Guardian Is Acting Against a Ward’s Best Interests in Florida

How Florida Law Protects Vulnerable Adults and What You Can Do If You Suspect Abuse, Neglect, or Mismanagement

Orlando is a place where families come together across generations. But when an aging parent or adult child becomes incapacitated and a guardian is appointed to make decisions on their behalf, things can quickly become complicated. As a Guardianship Attorney in Orlando, I’ve seen firsthand how guardianship can either protect or harm a vulnerable adult. While many guardians work hard and act responsibly, there are unfortunate situations where someone entrusted to care for a loved one may fall short—or even act against that person’s best interests.

If you’re in Orange County or anywhere nearby and you believe a guardian is mishandling money, neglecting a loved one’s medical needs, or making decisions that go against what the ward would have wanted, I want you to know that you don’t have to handle this alone. My name is Beryl Thompson-McClary. I represent clients on both sides of guardianship disputes: family members trying to protect someone they care about, and guardians who are wrongly accused and need a strong legal defense.

Call me at 1-888-640-2999 to schedule a consultation and talk through your concerns.

Understanding the Guardian’s Legal Role in Florida

Under Florida Statutes Chapter 744, a guardian is someone appointed by the court to act on behalf of a person (the “ward”) who has been deemed incapacitated due to age, disability, injury, or illness. There are two primary types of guardianships:

  • Guardian of the person, responsible for healthcare, housing, and general well-being
  • Guardian of the property, responsible for managing financial and legal affairs

Sometimes, one individual is appointed to do both—this is called a plenary guardian.

The guardian must always act in the best interests of the ward. That means making financial decisions that preserve the ward’s assets, ensuring they receive adequate medical care, and never using their authority for personal gain.

Florida law imposes strict fiduciary obligations on guardians. According to §744.361, guardians must:

  • Act prudently and in good faith
  • Avoid self-dealing or conflicts of interest
  • File timely annual reports and accounting statements
  • Keep records and preserve receipts
  • Use the ward’s funds for appropriate, court-approved purposes

When these obligations are violated, the law provides remedies—and that’s where my role as an Orlando Guardianship Attorney becomes essential.

What Are Red Flags That a Guardian May Be Acting Improperly?

Not all misconduct is dramatic or obvious. In fact, in many cases, family members only start to suspect something is wrong based on small, repeated irregularities.

Here are signs I tell families to watch for:

  • Unexplained withdrawals from the ward’s bank account
  • Changes in living conditions, such as declining care or relocation to a facility without family input
  • Lack of transparency—the guardian refuses to share financial reports, medical updates, or bills
  • Missing assets, canceled insurance, or property sales without notice
  • Failure to file required court documents, such as annual accountings or plans
  • Behavioral changes in the ward—withdrawal, anxiety, signs of malnutrition, or missed medical appointments

If any of these red flags are present, the next step is gathering documentation and speaking with a qualified attorney. Timing matters, especially if you believe your loved one’s safety or finances are at risk.

Florida Law on Removing a Guardian for Misconduct

If a guardian is believed to be acting against the ward’s interests, Florida law allows an “interested person” to petition the court to intervene. This is established under §744.474, which provides legal grounds for removal of a guardian, including:

  • Failure to comply with court orders or reporting obligations
  • Misuse or misappropriation of the ward’s assets
  • Abuse, neglect, or exploitation of the ward
  • Conviction of certain crimes or incapacity of the guardian
  • Conflict of interest that affects the guardian’s ability to serve

Once a petition is filed, the court may:

  • Set a hearing
  • Appoint a court monitor or guardian ad litem to investigate
  • Order an audit of the ward’s finances
  • Temporarily suspend the guardian and assign a replacement
  • Permanently remove the guardian if wrongdoing is proven

In some cases, especially when financial abuse is discovered, the court may refer the matter to law enforcement or the Department of Elder Affairs.

What to Do If You Suspect a Guardian Is Harming a Ward

The most important thing you can do is act swiftly—but carefully. If you file a removal petition without legal counsel or supporting evidence, the court may dismiss your concerns as speculative or hostile.

Here’s what I advise:

  • Document everything—dates, observations, photos, conversations, receipts
  • Request copies of reports filed with the court (guardians are required to file them)
  • Talk with caregivers or medical providers if possible to assess the ward’s condition
  • Call my office to review the facts and determine the strength of your case

If we decide to move forward, I’ll prepare a detailed petition and supporting documents. If the facts are on your side, the court will take the matter seriously.

What If You’re a Guardian Being Accused Unfairly?

This is equally important. Not all accusations are justified. Sometimes family members disagree about the ward’s care, or longstanding family conflicts spill into the guardianship. As a guardian, you may be doing the hard work behind the scenes while others criticize from the outside.

If you’re facing allegations of misconduct, you have the right to defend yourself. I’ve represented many guardians who needed help proving that they acted in the ward’s best interest and in compliance with the law.

I help guardians:

  • Gather documentation to defend financial decisions
  • Respond to court inquiries and monitoring reports
  • Show compliance with all statutory and court-ordered requirements
  • Correct honest mistakes without putting their role at risk

Your ability to continue caring for someone you love may depend on how effectively you defend your record.

What Are the Possible Outcomes of a Petition?

If the court finds the guardian did nothing wrong, the petition may be dismissed. However, if the court finds that the guardian breached their duties—even unintentionally—several things may happen:

  • The guardian may be ordered to repay misused funds
  • The court may remove the guardian and appoint someone else
  • In serious cases, the court may refer the case for criminal prosecution
  • The ward’s rights may be further restricted, or a plenary guardian appointed

These are life-altering outcomes, both for the ward and the guardian. The earlier you seek guidance, the better your chances of reaching a resolution that protects everyone involved.

We Represent Both Sides—Because Justice Requires Balance

As a Guardianship Attorney in Orlando, I work with families trying to protect their loved ones from abuse, neglect, and exploitation. I also work with guardians—often spouses or adult children—who are doing their best but need help staying compliant and defending their role.

That balance matters. Florida law isn’t meant to punish—it’s meant to protect. The courts will look at your petition or defense based on facts, not emotion. I’ll help you focus your case on what matters most: the best interests of the ward.

If you need to speak to someone about a guardianship case in Orange County or surrounding areas, I invite you to schedule a consultation by calling 1-888-640-2999.

Florida Guardianship Frequently Asked Questions

Can I be held personally liable if I report a guardian and I’m wrong?
No, not if your concern was raised in good faith. Florida courts encourage concerned parties to report potential misconduct, even if the court later finds no violation. False accusations made maliciously, however, can lead to legal consequences.

Does the ward have a say in whether the guardian stays or is removed?
Yes, especially if the ward retains partial capacity. The court may consider their wishes when deciding whether to remove or retain a guardian. In some cases, the ward can testify or submit a statement.

What is a guardian ad litem, and how are they involved?
A guardian ad litem is a neutral third party appointed by the court to investigate and make recommendations about what’s best for the ward. This person does not take over guardianship but provides valuable input to the judge.

How long does it take to remove a guardian in Florida?
It depends on the complexity of the case and whether an emergency motion is filed. Standard removal proceedings may take a few months, while emergency removals can happen within days if there is credible evidence of immediate harm.

What happens to the ward’s finances if the guardian is removed?
The court may freeze accounts temporarily and appoint a new guardian of the property. A full audit is usually conducted to determine whether any funds were misused and whether restitution is owed.

Can someone else be appointed as guardian if the current one is removed?
Yes. The court will appoint a successor guardian. This may be a family member, a professional guardian, or someone from a state-approved list, depending on who is best suited to serve the ward’s interests.

What if the guardian was managing a business or large investment portfolio?
Financially complex guardianships require strict adherence to reporting and management standards. If assets are mismanaged, the court may appoint a professional fiduciary to take over or order restitution from the removed guardian.

Is a court hearing always required to remove a guardian?
Yes. Due process requires a formal hearing unless there is an emergency, in which case a temporary suspension can occur followed by a full hearing.

How do I access financial records if the guardian won’t provide them?
Once you file a petition with the court, you may request a court order compelling the guardian to produce records. The court can issue subpoenas and take other steps to ensure transparency.

Can the court order restitution if the guardian took money improperly?
Yes. If funds were misused, the court can order reimbursement. This is common when the guardian has commingled funds or made unauthorized transfers.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
If you suspect a guardian is acting against the best interests of a vulnerable adult—or if you are a guardian facing allegations of misconduct—it’s important to act with urgency and clarity. These cases require legal skill, compassion, and a thorough understanding of Florida guardianship law.

We’re here to help you protect what matters most.

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Legal Remedies for Family Members Concerned About a Guardianship Appointment in Florida

Legal Remedies for Family Members Concerned About a Guardianship Appointment in Florida.

Understanding Your Rights and Legal Options When Disputing or Challenging a Guardianship

Orlando is a city where family ties and generational caregiving often go hand in hand. As a Guardianship Attorney in Orlando, I often meet families who find themselves involved in sensitive disputes surrounding the appointment of a guardian. Whether you believe a guardianship is unnecessary, fear that the proposed guardian is unfit, or simply want to understand your rights in a contested proceeding, it’s important to know that Florida law gives family members multiple avenues to raise their concerns.

I’m Beryl Thompson-McClary, and I help people throughout Orange County handle contested guardianships, contested appointments, and post-appointment concerns with clarity and legal precision. If you are concerned about a guardianship appointment—whether it has already occurred or is currently being considered—I encourage you to schedule a consultation by calling 1-888-640-2999. I help both sides of these complex matters, and I understand how delicate and emotionally charged they can be.

The Guardianship Appointment Process in Florida

Under Florida law, a guardianship is initiated when someone files a petition alleging that an individual (the alleged incapacitated person or “AIP”) lacks the capacity to make decisions regarding their person, property, or both. Florida Statutes Chapter 744 governs the entire guardianship process.

The court then appoints a three-member examining committee to evaluate the AIP and provide recommendations regarding incapacity. A separate attorney is appointed to represent the AIP’s interests. If the court finds the person incapacitated after a hearing, it may appoint a guardian.

But what if you believe the wrong person is being appointed as guardian? Or that your loved one does not require a guardian at all? That’s where legal remedies come into play.

Legal Grounds to Challenge a Guardianship Appointment

Florida law allows family members or other interested parties to challenge various aspects of a guardianship proceeding. Some of the most common concerns include:

  • The person nominated or appointed as guardian is unfit
  • The alleged incapacitated person is not truly incapacitated
  • The guardian has a conflict of interest
  • The guardian is abusing or neglecting their authority
  • The appointment process was procedurally flawed

Florida Statute §744.312 gives the court broad authority to consider petitions from any interested person regarding the suitability of a guardian. If you have credible evidence that your loved one is not being protected or that their rights are being violated, you have the legal standing to act.

Objecting to the Appointment of a Guardian

If the court has not yet appointed a guardian and you have concerns about a proposed appointment, you can file an objection before the hearing. Florida law permits interested persons to submit written objections and appear at the incapacity hearing. You may present evidence or testimony to show why the guardianship is unnecessary or why another individual would be a better fit.

In many cases, a family member may argue that a less restrictive alternative is available, such as:

  • A valid durable power of attorney
  • A health care surrogate designation
  • A trust or other advanced planning document

The court must consider whether a less restrictive means is available before appointing a guardian. This is an important tool for those who believe the guardianship petition is premature or unnecessary.

Removing or Replacing a Guardian

If a guardian has already been appointed, but you believe they are not acting in the best interests of the ward, you can file a petition under Florida Statute §744.474 to seek removal. Common reasons include:

  • Abuse, neglect, or exploitation of the ward
  • Mismanagement of assets or failure to account
  • Failure to comply with court orders
  • Conflict of interest or hostility toward family members

The court may remove the guardian and appoint someone else if it finds that removal is in the best interests of the ward. In some cases, a temporary guardian may be appointed while allegations are investigated.

Requesting an Independent Investigation

Family members may also request an investigation by a court monitor. Under Florida Statute §744.107, a judge can appoint a monitor to investigate the conduct of a guardian if someone submits a verified complaint. This is often used when financial mismanagement, emotional abuse, or isolation of the ward is suspected.

The monitor will file a report with the court, and if serious violations are found, the court may take action, including removing the guardian, imposing sanctions, or referring the case to law enforcement.

Filing for Restoration of Rights

In some cases, a guardianship may have been appropriate at the time of appointment but is no longer necessary. Florida law allows interested parties to petition for restoration of capacity if the ward has recovered the ability to manage some or all of their affairs.

This process involves obtaining updated medical evaluations and presenting evidence to the court. The guardian’s authority may be reduced or terminated entirely if the judge finds restoration is appropriate.

The Importance of Legal Representation

Whether you’re trying to stop a proposed guardianship, remove an unfit guardian, or ensure that your loved one’s voice is heard, you need a legal advocate who understands both the law and the human side of these cases.

As an Orlando Guardianship Attorney, I help people from all walks of life, including:

  • Children concerned about a parent’s care
  • Spouses with financial concerns
  • Siblings disputing a proposed guardian
  • Friends or caregivers with legitimate worries about mistreatment

I also represent guardians who have been wrongly accused and need to defend their conduct.

Every guardianship case is different, and emotions often run high. The legal process requires a careful, respectful approach to ensure your concerns are heard without making things worse. If you’re ready to take legal action or simply want to understand your options, call me at 1-888-640-2999 to schedule a consultation.

Frequently Asked Questions

What if I believe my sibling is unfit to be a guardian for our parent?

If you believe your sibling is not acting in your parent’s best interest or has a financial or emotional conflict, you have the right to object to their appointment or seek their removal. You must present evidence and follow the formal court procedures. The court’s primary focus is on the best interests of the ward.

Can multiple family members petition to be the guardian?

Yes. Florida courts allow multiple family members to express interest in serving as guardian. If more than one person applies, the court will review each candidate’s qualifications, relationship to the ward, potential conflicts of interest, and ability to serve. The court has full discretion to choose the most appropriate guardian.

Can I object to a guardianship before it’s even appointed?

Yes. If a petition for guardianship has been filed and you have concerns, you can file a written objection and appear at the hearing. You can also provide alternative planning documents, like a power of attorney or healthcare surrogate, to show that a guardianship isn’t needed.

What happens if a guardian is misusing funds?

If you suspect a guardian is mismanaging money or abusing their authority, you can file a petition to remove them or request that the court appoint a monitor. Florida law takes financial abuse seriously, and guardians are legally required to account for every dollar spent from the ward’s estate.

Can a guardianship be modified or limited?

Yes. Guardianships can be tailored to match the ward’s actual needs. For example, a person may need help with finances but still be capable of making medical decisions. Family members can request a limited guardianship, or petition to modify an existing one, with appropriate medical evidence.

What if the person under guardianship gets better?

If the ward’s condition improves and they regain capacity, the court can restore some or all of their rights. A petition for restoration can be filed by the guardian or any interested party. Medical evaluations are usually required to support the request.

Do I need a lawyer to contest a guardianship in Florida?

Yes. Guardianship law is highly procedural and emotionally sensitive. Whether you’re seeking to intervene or protect yourself from a false accusation, it’s important to work with someone who understands the Florida court system and can effectively represent your interests.

How do I schedule a consultation with your office?

Call my office at 1-888-640-2999 to schedule a consultation. I represent clients throughout Orange County and can give you specific legal advice based on your situation. I do not offer free consultations, but I do offer meaningful guidance and representation for those who want to protect their loved ones and their rights.

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

If you’re concerned about a guardianship appointment in Florida and need legal guidance on how to protect your loved one or challenge a guardian, take the first step today.

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