How Adults Under Guardianship Can Regain Independence Through Florida’s Restoration Process
Restoring Rights in Orlando After Conservatorship
In Orlando and throughout Florida, conservatorships (legally known as guardianships under Florida law) are created to protect vulnerable adults who cannot manage their affairs. While guardianship provides essential safeguards, it also restricts fundamental rights. Florida law recognizes that people may regain capacity over time and allows for the restoration of some or all rights.
I’m Beryl Thompson-McClary, an Orlando Conservatorship Lawyer, and I regularly represent individuals who want to restore their rights after a guardianship has been imposed. Whether due to recovery from illness, improved mental health, or a change in circumstances, you do not have to remain under guardianship forever if you can demonstrate capacity. If you or your loved one are considering restoration, call my office at 1-888-640-2999 for a consultation.
Florida Law on Restoration of Rights
The process of regaining rights after conservatorship is governed by Florida Statutes § 744.464. This statute allows:
- The ward (person under guardianship) to petition the court for restoration
- Any interested person to file a petition on behalf of the ward
- Restoration of all rights or only certain rights, depending on the evidence
The law ensures that guardianship is not permanent unless it remains truly necessary.
Grounds for Restoration
Restoration may be sought when:
- The ward’s medical condition has improved
- Mental illness is stabilized through treatment
- A temporary incapacity has resolved
- Rehabilitation, therapy, or medication enables the ward to manage their affairs again
I’ve worked with clients who were placed under guardianship after a traumatic brain injury, only to recover with treatment and regain full decision-making ability. The law allows them to reclaim independence through the restoration process.
How to Petition for Restoration
The restoration process begins with a petition filed in the same court where the guardianship was established. The petition must state:
- Which rights the ward seeks to have restored
- The factual basis for believing the ward has regained capacity
- Supporting evidence, such as medical reports or treatment records
The petition is then reviewed by the judge, who appoints a new examining committee under § 744.464(3). This committee typically includes physicians and professionals who evaluate the ward’s capacity and submit written reports.
The Role of the Examining Committee
The examining committee plays a critical role in the restoration process. They must:
- Conduct interviews with the ward
- Review medical records and treatment history
- Assess decision-making ability in areas like finances, healthcare, and personal care
- Submit findings to the court
If the committee concludes that the ward has regained capacity, their report is powerful evidence for restoration.
The Court Hearing
After receiving the committee’s report, the court holds a restoration hearing. At this hearing:
- The ward has the right to be present and represented by counsel
- Witnesses may testify on the ward’s abilities
- Medical professionals may present evaluations
- The guardian may oppose restoration if they believe the ward is still incapacitated
The judge makes a decision based on clear and convincing evidence. If rights are restored, the guardianship may be modified or terminated entirely.
Partial vs. Full Restoration of Rights
Florida courts can restore:
- All rights, if the ward is fully capable of handling personal and financial affairs
- Some rights, creating a limited guardianship while allowing the ward to manage areas they can handle independently
For example, a ward may regain the right to vote, marry, or manage personal spending, while a guardian continues managing complex financial matters.
Oversight and Challenges
Sometimes guardians oppose restoration petitions, arguing the ward is not ready. Interested family members may also contest petitions. In those cases, strong medical evidence and testimony are essential. The court’s primary concern is the ward’s welfare, not family disagreements.
As an Orlando Conservatorship Attorney, I work with clients to prepare persuasive petitions, gather supporting evidence, and represent them at hearings.
Why Legal Representation Is Essential
Restoring rights is not automatic. Courts require clear evidence and a strong legal argument. Without skilled representation, petitions may be denied or delayed. I help clients present the strongest case possible, ensuring their voices are heard and their rights are protected.
If you are seeking restoration in Orlando or anywhere in Orange County, call 1-888-640-2999 for a consultation.
FAQs – Restoring Rights After a Florida Conservatorship
Who can file a petition to restore rights?
The ward can file the petition themselves, or any interested person—such as a family member or friend—can file on their behalf.
Does the court automatically grant restoration if a petition is filed?
No. The court requires clear and convincing evidence of capacity, supported by medical evaluations and testimony. Restoration is only granted if the evidence shows the ward can manage the restored rights safely.
What rights can be restored?
The court may restore all rights or only specific ones, such as the right to vote, marry, manage finances, or consent to medical treatment.
How long does the restoration process take?
It depends on the court’s schedule and the availability of the examining committee. In most cases, the process can take several weeks to a few months.
Can a restoration petition be denied?
Yes. If the examining committee or judge finds that the ward still lacks capacity, the petition may be denied. However, a new petition may be filed later if circumstances improve.
What evidence is most persuasive for restoration?
Medical reports showing improved capacity, testimony from treating physicians, and witness statements from those who see the ward’s daily functioning are all powerful evidence.
Is restoration possible for partial guardianships?
Yes. Even if someone is under limited guardianship, they can petition to restore certain rights they have regained the ability to manage.
Can the guardian fight against restoration?
Yes, guardians may object, but the final decision rests with the court. The judge will weigh the evidence carefully, prioritizing the ward’s best interests.
Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if you or a loved one are seeking to restore rights after a Florida conservatorship. We handle restoration petitions throughout Orange County and Central Florida.
