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How to File for Guardianship in Orlando: A Step-by-Step Guide for Families

How to File for Guardianship in Orlando: A Step-by-Step Guide for Families.

Understanding the Florida Guardianship Process and Your Legal Rights

Orlando is a city filled with people who care deeply about their families, but sometimes life presents circumstances that require the legal protection of a loved one. Whether you have an elderly parent who can no longer manage their finances, a child turning 18 with special needs, or a spouse recovering from a serious illness, filing for guardianship may become necessary.

I am Attorney Beryl Thompson-McClary, a Guardianship Attorney in Orlando, and I’ve worked with families across Orange County and throughout Florida who need help establishing guardianship or contesting petitions filed by others. Guardianship cases can be emotional, technical, and highly regulated under Florida law. My goal is to help you understand what the process involves and how the courts handle each step.

If you’re considering filing for guardianship, call me at 1-888-640-2999 to schedule a consultation. I’ll walk you through what to expect, explain the Florida statutes that apply, and help you take the right legal steps for your family’s situation.

What Guardianship Means Under Florida Law

Florida law defines guardianship under Chapter 744 of the Florida Statutes as a legal process where a court appoints one person (the guardian) to manage the personal or financial affairs of another person (the ward) who is unable to do so themselves.

There are several types of guardianships recognized by Florida law:

  • Guardian of the Person: Handles personal, medical, and residential decisions for the ward.
  • Guardian of the Property: Manages finances, real estate, and other assets.
  • Plenary Guardianship: Grants full control over both personal and financial matters when the ward is completely incapacitated.
  • Limited Guardianship: Grants specific, limited authority while allowing the ward to retain some rights.
  • Guardian Advocacy: A simplified form for adults with developmental disabilities who need assistance but haven’t been declared incapacitated.

Step-by-Step: How to File for Guardianship in Orlando

Step 1: Determining the Need for Guardianship

Before filing, the court requires proof that the individual truly needs assistance. Guardianship is considered a last resort under Florida law; less restrictive options like powers of attorney, trusts, or advance directives must be reviewed first.

If your loved one can no longer make sound financial or medical decisions, or is at risk of exploitation, a petition for guardianship may be appropriate.

Step 2: Filing the Petition for Incapacity

The process begins with two filings in the Orange County Probate Court:

  1. Petition to Determine Incapacity – This asks the court to assess whether the person can make decisions independently.
  2. Petition for Appointment of Guardian – This names the proposed guardian and outlines their relationship to the alleged incapacitated person.

Under Florida Statute §744.331, the court appoints an examining committee—usually three medical professionals or experts—to evaluate the individual’s capacity. The alleged incapacitated person (often called the “AIP”) is also appointed an attorney to represent their interests.

Step 3: Court Evaluation and Report

Each member of the examining committee submits a written report to the court. These reports assess cognitive ability, decision-making capacity, and whether a limited or full guardianship is necessary.

If the committee finds the person capable, the case may be dismissed. If incapacity is found, the court proceeds to the next stage.

Step 4: The Guardianship Hearing

At the hearing, the judge reviews all evidence and hears from interested parties. The person seeking guardianship must prove:

  • That the individual is incapacitated; and
  • That they are suitable and qualified to serve as guardian.

The alleged incapacitated person and their attorney may contest the findings, present witnesses, and propose alternatives.

Step 5: Court Appointment and Oath

If the judge approves the guardianship, an order of appointment is issued. The guardian must then:

  • Take an Oath of Guardianship before the clerk;
  • Post a bond (if required) to safeguard the ward’s property; and
  • Complete an eight-hour guardian education course approved by the court.

Step 6: Filing the Initial Guardianship Reports

Within 60 days of appointment, the guardian must file:

  • Initial Inventory (for guardians of property) listing all assets, income, and liabilities; and
  • Initial Plan (for guardians of the person) describing how personal care and medical needs will be handled.

Step 7: Ongoing Court Supervision

Florida courts maintain continuous oversight under §744.367. Guardians must file annual accountings, plans, and updates. Judges review these filings to ensure funds are properly managed and that the ward’s health and welfare are protected.

When Guardianship Filings Are Contested

Not every family agrees about whether guardianship is necessary—or about who should serve. As an Orlando Guardianship Attorney, I often represent families on both sides: those seeking guardianship and those contesting it.

Common disputes include:

  • Claims that the individual is not truly incapacitated;
  • Conflicts among family members over who should serve as guardian;
  • Allegations of prior financial misconduct by the proposed guardian;
  • Concerns about undue influence or abuse of authority.

When contested, the case proceeds to a hearing where the judge examines evidence, including medical reports, financial documents, and witness testimony.

Florida Statutes That Apply

Several key laws guide every step of this process:

  • §744.102 – Defines key guardianship terms.
  • §744.312 – Outlines qualifications and preferences for appointment.
  • §744.331 – Describes the process for determining incapacity.
  • §744.367 – Establishes ongoing reporting requirements.
  • §744.108 – Governs compensation for guardians and attorneys.

Each of these laws ensures accountability and due process for both the guardian and the person under protection.

The Court’s Role in Protecting the Ward

Once guardianship is granted, the Orange County Probate Court continues to supervise the guardian’s actions. Every expenditure, property sale, or medical decision is subject to review.

If the court finds a guardian misused funds or violated their duties, the court can:

  • Remove the guardian;
  • Appoint a successor;
  • Require restitution; or
  • Refer the matter for investigation under §744.474, which lists grounds for removal.

Why Families Choose Attorney Beryl Thompson-McClary

Guardianship cases combine family dynamics, medical issues, and legal obligations. I take the time to understand both sides—protecting the ward’s dignity and ensuring that guardians follow every requirement.

Clients choose me because I:

  • Handle guardianship cases personally in Orlando and throughout Orange County;
  • Understand Florida’s guardianship statutes and court procedures;
  • Represent both petitioners and family members contesting petitions;
  • Ensure compliance with all filing and reporting requirements.

If you’re unsure whether to file, or you want to challenge an ongoing case, I can explain your rights clearly and guide you through every step.

FAQs About Filing for Guardianship in Florida

Who can file for guardianship in Florida?
Any adult may file if they have an interest in the welfare of the alleged incapacitated person—typically a spouse, child, or close family member. The court will review the petitioner’s suitability before appointment.

Do I have to prove my loved one is completely incapacitated?
Not always. Florida allows limited guardianship under §744.331, where only certain rights are transferred to the guardian. Courts prefer this when possible, as it allows the ward to retain partial independence.

How long does it take to establish guardianship in Orlando?
It depends on whether the petition is contested. Uncontested cases can conclude in about 60 to 90 days. Contested matters may take several months, especially when medical evaluations or hearings are required.

Can two people serve as co-guardians?
Yes. Florida courts may appoint co-guardians if it benefits the ward. This is common when siblings or spouses want to share responsibility.

Can the alleged incapacitated person object?
Yes. The court must appoint an attorney for them, and they can contest the petition, submit evidence, and request alternatives such as power of attorney instead of guardianship.

What happens if my loved one improves and no longer needs a guardian?
A petition to restore rights can be filed under §744.464. The court may terminate or modify the guardianship if capacity is regained.

What are the costs associated with filing for guardianship?
Costs include court filing fees, attorney fees, medical evaluations, and ongoing reporting expenses. The court must approve all payments, and they are usually paid from the ward’s estate if funds exist.

Can I file for guardianship without an attorney?
Technically yes, but it is not recommended. Guardianship proceedings are complex, and Florida courts require strict compliance with statutory procedures. Having an experienced Guardianship Attorney in Orlando ensures that filings are correct and deadlines are met.

How can a guardianship be contested?
Any interested party can file objections to the petition or to the choice of guardian. The court will schedule a hearing to review the evidence and decide what arrangement best protects the ward.

What happens after a guardian is appointed?
The guardian must submit initial and annual reports, follow the court’s instructions, and always act in the ward’s best interests. The court may audit or investigate guardians at any time.

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

Filing for guardianship in Orlando is one of the most important steps a family can take to protect a loved one. I handle these cases across Orange County and throughout Florida, helping clients establish or contest guardianships under state law. If you need guidance, call me at 1-888-640-2999 to schedule a consultation.

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The Role of Mediation in Guardianship Disputes

The Role of Mediation in Guardianship Disputes

How Families in Conflict Can Use Mediation to Resolve Guardianship Issues Without Prolonged Court Battles

Orlando families face complex decisions when a loved one can no longer manage their affairs. Whether the issue involves an aging parent, a special needs adult child, or someone at risk of financial exploitation, guardianship may be the right step. But these cases often create deep conflict among family members, especially when people disagree about who should serve as guardian or whether a guardianship is even necessary.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I’ve worked with clients on both sides of guardianship disputes—some who are trying to protect a vulnerable loved one, and others who believe a guardianship is being misused or mishandled. I’ve handled these cases across Orange County, Florida, and I know how emotionally charged they can become. That’s why I often encourage families to consider mediation as a way to resolve these disagreements without the cost, stress, and public exposure of a courtroom battle.

If you’re involved in a guardianship dispute or concerned that a guardianship may be hurting rather than helping your loved one, call my office at 1-888-640-2999 to schedule a consultation. I’ll help you understand what your rights are and how Florida law applies to your specific situation.

What Is Mediation in a Florida Guardianship Case?

Mediation is a voluntary, confidential process where parties work with a neutral third party—a trained mediator—to try to reach an agreement. In the context of guardianship, mediation can help family members resolve disputes without requiring the court to make all the decisions. It’s not about who wins or loses—it’s about finding a resolution that works for the ward and preserves important relationships.

Under Florida Statutes § 44.1011–44.108, mediation is recognized as an alternative dispute resolution tool, and Florida probate and guardianship courts often refer contested matters to mediation before proceeding to a hearing. That’s because these cases are rarely just legal—they’re deeply personal.

As an Orlando Guardianship Attorney, I’ve seen mediation resolve issues like:

  • Who should be appointed as guardian
  • Whether a guardianship is needed at all
  • Concerns over a guardian’s financial management
  • Disputes over visitation or medical care decisions
  • Suspicion of undue influence or abuse

Why Do Guardianship Disputes Happen?

These cases usually start with good intentions. Someone notices a parent or relative is no longer managing finances safely or seems vulnerable to exploitation. But when multiple family members disagree about the right solution, things can quickly escalate.

Common disputes I see in my practice include:

  • One sibling believes guardianship is needed; another insists it’s not
  • Adult children don’t agree on who should be guardian
  • A previously appointed guardian is accused of misusing funds
  • A guardian is limiting access between the ward and other family members
  • The ward is objecting to the guardianship entirely

Disagreements like these can turn into long court battles unless mediation is considered early. Mediation can de-escalate conflict and help everyone get clarity on what’s best for the ward.

Florida Law and Court-Ordered Mediation in Guardianship Matters

Under Florida Probate Rule 5.095, contested guardianship matters—including petitions for appointment, objections to appointment, removal of a guardian, or challenges to accountings—are subject to mediation at the court’s discretion. Judges in Orange County often refer families to mediation in an effort to encourage resolution and avoid a full evidentiary hearing.

Mediators in these cases are typically required to be certified under Florida Supreme Court rules. They do not take sides. Their job is to help the parties listen to each other, clarify what’s at stake, and come to a written agreement—one that can be submitted to the court for approval.

Whether you’re the petitioner, an objecting family member, or an existing guardian under review, I can represent your interests during mediation and ensure that your position is clearly articulated and legally protected.

Mediation Benefits for Guardianship Disputes in Orlando

Families who choose mediation often report less stress, more control over the outcome, and better relationships afterward. That’s not just talk—I’ve represented dozens of clients in mediations where real, lasting resolution was achieved.

Some benefits include:

  • Confidentiality – Unlike a public courtroom hearing, mediation discussions are private
  • Faster resolution – Cases resolved through mediation can settle in days or weeks instead of months
  • Less expense – Mediation typically costs far less than fully litigated guardianship proceedings
  • Customized agreements – Parties can agree on flexible solutions tailored to the ward’s needs
  • Preserved relationships – Mediation fosters communication, not courtroom conflict

What If Mediation Fails?

Mediation is voluntary. You’re not required to accept any offer or settle if the terms don’t protect the ward’s interests. If the parties are unable to reach a resolution, the case returns to court for a formal hearing. At that point, a judge will decide who should serve as guardian, whether the current guardian remains, or whether any misconduct has occurred.

Even if mediation doesn’t fully resolve every issue, it often clarifies where each party stands and helps narrow the issues the court must address. In many cases, partial agreements reached in mediation reduce the time and cost of litigation.

Representing Both Sides: Guardians and Concerned Family Members

I work with clients who are seeking guardianship as well as those who are contesting it. If you’re being accused of mismanaging a ward’s affairs and you know that’s not true, mediation gives you a chance to tell your side calmly and effectively. If you believe your loved one is being isolated or financially mistreated, mediation gives you a legal channel to address those issues and request appropriate changes.

In either case, I prepare my clients to enter mediation with a clear understanding of the law, a strategic plan, and a focus on protecting the ward’s well-being.

Guardianship Mediation and Florida Statutes

Florida guardianship law is designed to protect the ward’s rights while offering families a legal structure to ensure care and accountability. The court’s priority is always the ward’s best interests, and any mediation agreement must reflect that.

Relevant statutes include:

  • Fla. Stat. § 744.331 – Procedures for determining incapacity
  • Fla. Stat. § 744.312 – Factors for court appointment of a guardian
  • Fla. Stat. § 744.441 – Powers of the guardian that require court approval
  • Fla. Stat. § 44.102 – Court-ordered mediation of civil disputes

Mediation doesn’t take the court out of the equation—it’s a way to allow the parties to present a joint resolution to the court that meets legal requirements and avoids protracted litigation.

When You Should Consider Mediation in a Guardianship Dispute

You should seriously consider mediation if:

  • The family is divided over who should serve as guardian
  • You suspect financial or emotional abuse, but there’s no solid proof
  • The court is pushing the parties toward resolution before hearing
  • There are underlying personal conflicts influencing the legal dispute
  • You’re trying to avoid unnecessary expense, delay, and hostility

I help clients throughout Orange County evaluate whether mediation can help resolve their case. If mediation is right for your situation, I’ll be by your side the entire time, protecting your rights and helping you fight for your loved one.

Florida Guardianship Mediation Frequently Asked Questions

Can a judge force parties to go to mediation in a guardianship dispute?
Yes, under Florida Probate Rule 5.095 and Florida Statutes on court-ordered mediation, judges may require the parties to attend mediation in a contested guardianship case before proceeding to a full hearing. The court cannot force a settlement, but it can require that you sit down with a neutral mediator and attempt to reach a resolution.

What happens if no agreement is reached during mediation?
If mediation ends without a full agreement, the case will proceed to a hearing where the judge will make a decision. However, anything said during mediation is confidential and cannot be used in court. Even partial agreements can help narrow the issues and reduce the time needed in front of the judge.

Can the ward participate in mediation?
In some cases, yes. If the ward retains some decision-making capacity or the mediation involves issues that affect their daily life, they may participate, either directly or through their attorney or guardian ad litem. The court may also require their input for final approval of any settlement.

Does mediation delay the guardianship case?
Not necessarily. In fact, mediation often resolves issues more quickly than litigation. In many guardianship disputes, mediation is scheduled early in the process to reduce delays and limit court time. If the case is urgent, the court may address emergency matters while mediation is still pending.

Can we use our own mediator or must we use one appointed by the court?
You may agree to use a mediator of your choosing, as long as both parties agree and the court approves. If the parties cannot agree, the court will appoint a certified mediator. It’s important that the mediator understands probate and guardianship law, especially if financial or legal complexities are involved.

How much does guardianship mediation cost?
The cost of mediation varies depending on the complexity of the case and the mediator’s fees. In most cases, the cost is shared between the parties. Compared to full litigation, mediation is often far more cost-effective, especially when it resolves the case without multiple hearings or depositions.

Is a mediated guardianship agreement legally binding?
Yes, once the parties sign the agreement and the court approves it, the terms become legally binding. The judge must ensure that the agreement complies with Florida law and serves the ward’s best interests. If approved, it has the same legal force as a court order.

Can mediation address issues beyond guardianship, like visitation or family communication?
Absolutely. One of the biggest strengths of mediation is that it allows families to address broader concerns that the court may not resolve on its own. This includes family access, holiday schedules, decision-making coordination, and even financial transparency. These terms can be included in a mediated settlement.

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

If you are involved in a guardianship dispute in Orlando and want to explore whether mediation can help resolve your case before it escalates, I can help you understand your rights and legal options. Whether you’re pursuing guardianship or challenging one, I’ll work to protect your loved one’s interests and give you a clear plan forward.

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When Multiple Family Members Want to Be Guardians: Resolving Conflicts

When Multiple Family Members Want to Be Guardians and how to Resolve Conflicts

How Florida Law Handles Family Disputes Over Guardianship and What You Can Do to Protect Your Loved One

Families in Orlando often come together during times of need, especially when an aging parent or an adult child with special needs requires protection. But what happens when family members disagree about who should serve as guardian? When more than one person wants to take on the responsibility, or when relatives dispute who is best suited, these conflicts can quickly turn emotional and complicated.

As an Orlando Guardianship Attorney, I’ve seen how difficult these situations can be. I’m Beryl Thompson-McClary, and I represent clients on both sides of guardianship disputes throughout Orange County, Florida. Whether you’re seeking guardianship for a loved one or you’re concerned about who might be appointed, I can help you understand your rights, Florida law, and what the court considers when making its decision. To schedule a consultation, call my office at 1-888-640-2999.

Let’s look at what Florida law says, how these matters are resolved, and what you need to know if you’re involved in a guardianship conflict.

What Happens When More Than One Family Member Petitions for Guardianship?

Florida law provides a legal process for appointing a guardian when someone—called the ward—is found to be legally incapacitated. This process is governed by Chapter 744 of the Florida Statutes. If multiple family members come forward to serve as guardian, the court must weigh the qualifications and intentions of each person, always prioritizing what is in the best interests of the ward.

It’s not unusual for siblings to disagree about who should manage a parent’s health care, finances, or living situation. These disputes can lead to court hearings, formal objections, and even accusations of mismanagement or unfitness. The court does not automatically favor any particular family member, regardless of birth order, financial status, or proximity.

Florida Statutes and Legal Considerations

Under Fla. Stat. § 744.312, the court considers a number of factors when more than one person seeks to be appointed guardian. These include:

  • The person’s relationship to the ward
  • The person’s ability to manage financial and personal affairs
  • Any history of abuse, neglect, or exploitation
  • Criminal background and financial responsibility
  • Whether the person is a Florida resident
  • The expressed wishes of the ward, if they are able to communicate

The judge has discretion to choose the guardian or co-guardians based on these considerations. If no family member is deemed appropriate, the court may appoint a professional guardian.

As your Guardianship Attorney in Orlando, I help present your qualifications clearly and persuasively. Whether you’re seeking to be appointed or opposing another person’s petition, we will prepare the evidence, testimony, and legal arguments that put your position in the strongest light.

When Guardianship Becomes Contested

Contested guardianship cases often begin when more than one person files a petition under Fla. Stat. § 744.334. The court must then schedule hearings to consider each petitioner’s qualifications, and it may also appoint an examining committee or guardian ad litem to investigate.

Common situations that lead to contested proceedings include:

  • Two or more siblings each want to serve as sole guardian
  • One family member believes another is unfit or has ulterior motives
  • The ward expresses a preference that conflicts with a family member’s petition
  • Allegations of prior financial abuse, fraud, or neglect

In these cases, I work closely with clients to present medical evidence, family history, and witness testimony. It’s critical to show the court not only that you care—but that you are capable, trustworthy, and willing to comply with all legal duties.

Representing Both Sides of the Issue

Sometimes, I represent a family member seeking to be appointed guardian. Other times, I represent a family member trying to prevent someone else from taking control. My role is to advocate for your position and for the ward’s safety and dignity.

If you’re concerned that another person is trying to gain control for financial reasons—or if you’ve been wrongly accused of being unfit—we’ll work together to present a compelling case. The judge’s decision will affect every aspect of the ward’s life, so it’s not a time to go unprepared or without legal support.

What If the Ward Expresses a Preference?

Florida law gives weight to the ward’s preferences if they are able to communicate. Under Fla. Stat. § 744.312(4), the court must consider whether the person in need of a guardian has nominated someone—either in writing or verbally. This often happens in an advance directive, pre-need guardian designation, or living will.

Even if the ward is partially incapacitated, the court may still consider their wishes. I’ve seen cases where an aging parent favored one child over another, and the court upheld that preference. In other cases, I’ve helped family members challenge that nomination if the ward was coerced, misled, or mentally impaired at the time.

Co-Guardianship as a Resolution Option

Sometimes, when both family members are suitable, the court may appoint co-guardians under Fla. Stat. § 744.312(3). This solution can allow siblings or relatives to share responsibility for managing the ward’s medical care, housing, or finances.

While co-guardianship can reduce conflict, it also requires cooperation and joint decision-making. If the relationship is hostile or marked by prior legal disputes, I often advise against co-guardianship as it can lead to deadlock and further court intervention.

Mediation and Settlement Options

In some contested cases, mediation can be useful. The Florida Probate Rules encourage mediation to resolve guardianship disputes outside the courtroom. Mediation allows the parties to reach agreement on:

  • Who will serve as guardian
  • How responsibilities will be divided
  • What limitations or safeguards will be in place
  • How future disputes will be handled

As your Orlando Guardianship Attorney, I prepare clients for mediation by identifying areas of flexibility, building persuasive proposals, and ensuring that the ward’s well-being remains the central focus.

When the Court Appoints a Professional Guardian

If family conflict becomes so intense that no one can agree—or if no petitioner is suitable—the court may appoint a professional guardian from the state registry. This outcome is common when:

  • All family members have conflicts of interest
  • The ward’s condition requires complex care
  • There are allegations of misconduct
  • There’s no viable family support system

While professional guardians are neutral and trained, they may not have personal knowledge of the ward’s preferences, values, or family history. Many families come to me to avoid this result by proposing a qualified, caring relative who can fulfill the duties without court intervention.

How I Can Help as an Orlando Guardianship Attorney

My role is to support you throughout this process—whether you’re fighting to be appointed, opposing another petition, or trying to resolve internal family disagreements. Guardianship cases are about more than just legal documents. They involve real people, complicated emotions, and serious responsibilities.

I represent clients in contested and uncontested guardianship matters throughout Orange County, and I understand the Florida statutes and procedures that apply in every case. You deserve experienced legal support when your loved one’s care and finances are at stake.

To schedule a consultation, call my office at 1-888-640-2999.

Florida Guardianship Frequently Asked Questions

What does Florida law say when multiple people want to be guardian of the same person?
Florida Statute 744.312 gives the court discretion to evaluate each proposed guardian’s qualifications and choose the one that is in the best interest of the ward. The court may consider family relationship, financial ability, criminal background, and the ward’s wishes before making a decision.

Can siblings share guardianship in Florida?
Yes, the court may appoint co-guardians if both individuals are qualified and the arrangement is in the ward’s best interest. However, co-guardians must be able to work together, make joint decisions, and avoid causing delays in care or financial oversight. If there’s too much tension between the two, the court may choose just one or appoint a third party.

How do I contest a guardianship petition in Florida?
You must file a formal objection with the probate court where the guardianship case was initiated. Your objection should be supported by facts, evidence, or testimony showing why the other person is not suitable or how you are better positioned to act in the ward’s best interest. Having legal representation during this process is critical.

What happens if the person needing guardianship has already designated someone?
If the ward named a pre-need guardian in writing, the court will consider that preference. However, if evidence shows that the person is no longer suitable—or that the ward was not competent when making the designation—the court can override the preference and appoint someone else.

Can a family member be disqualified from serving as guardian?
Yes. Florida courts may disqualify someone who has a felony conviction, a history of abuse or neglect, financial mismanagement, or a conflict of interest with the ward. The court will also disqualify anyone with serious health issues or other impairments that prevent them from fulfilling the duties of a guardian.

What happens when the court cannot decide between family members?
If family conflict becomes an obstacle to effective guardianship, the court may appoint a professional guardian. These are neutral individuals or agencies registered with the Statewide Public Guardianship Office. While they are trained and monitored, they often lack the personal connection that a family member might bring.

How long does a contested guardianship case take to resolve?
Contested cases can take several months, depending on the court’s schedule, the complexity of the disagreement, and whether additional investigation or expert testimony is required. During this time, the court may appoint an emergency temporary guardian to protect the ward’s immediate needs.

Can a family guardianship agreement be made outside of court?
Yes, families can enter into informal agreements or mediated settlements that outline who should serve as guardian. However, these agreements must still be presented to the court and approved as part of the legal guardianship proceeding.

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

If you are involved in a guardianship dispute—or expect one to develop—you need legal guidance that protects both your rights and the well-being of your loved one. These matters are too important to leave to chance.

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Guardianship for Elderly Individuals With Alzheimer’s or Dementia

creating a Guardianship for Elderly Individuals With Alzheimer’s or Dementia

Legal Protection for Vulnerable Seniors in Orlando and Throughout Orange County

In Orlando, families often face difficult decisions when an aging parent or loved one is diagnosed with Alzheimer’s disease or another form of dementia. As the illness progresses, individuals may become unable to manage their financial, medical, or personal affairs. In these situations, legal guardianship may be necessary to ensure that their well-being and assets are protected. As an experienced Orlando Guardianship Attorney, I provide guidance to families seeking legal solutions for elderly relatives facing cognitive decline.

My name is Beryl Thompson-McClary, and I represent clients across Orange County in establishing or challenging guardianships for individuals who can no longer make safe and informed decisions for themselves. Whether you are petitioning for guardianship or concerned about the conduct of an existing guardian, I am here to provide legal support. To schedule a consultation, call 1-888-640-2999.

Understanding Guardianship for Seniors With Cognitive Impairment

Florida law provides a legal framework for appointing a guardian when an adult is no longer able to handle their affairs due to mental incapacity. Alzheimer’s disease and dementia are among the most common reasons a family might seek this legal protection.

Guardianship may be limited to financial matters, personal decision-making, or both, depending on the level of impairment. In more advanced cases of Alzheimer’s or dementia, a plenary guardianship may be required, giving the guardian full legal authority over the individual’s personal and financial decisions.

Under Chapter 744 of the Florida Statutes, guardianship proceedings must begin with a petition for incapacity. This petition triggers a formal legal process involving court-appointed medical evaluations and a hearing to determine whether the individual lacks capacity in part or in full.

The Legal Process for Establishing Guardianship in Florida

The process begins when a concerned family member, caregiver, or interested party files two petitions:

  • A Petition to Determine Incapacity, which asks the court to evaluate the mental and physical state of the elderly individual
  • A Petition for Appointment of Guardian, requesting that a guardian be legally assigned to manage the affairs of the individual if incapacity is confirmed

The court appoints an examining committee that includes at least one physician and two other professionals with experience in mental health or elder care. Their role is to independently assess the individual’s cognitive function and report back to the court.

If the court determines the person is incapacitated under Florida Statute 744.331, it then considers whether to assign a limited or plenary guardian, depending on how much decision-making ability the individual retains.

Responsibilities of a Guardian for a Person With Dementia

A guardian for a person with Alzheimer’s or dementia has serious responsibilities. They are required to act in the best interests of the ward and in accordance with court supervision. These duties typically include:

  • Making medical decisions, including authorizing treatments and long-term care
  • Determining appropriate living arrangements
  • Managing finances, paying bills, and handling investments
  • Protecting assets and income from misuse or exploitation
  • Keeping accurate records and filing annual reports with the court
  • Ensuring the ward’s daily needs are met and that their dignity is respected

The guardian must also file a guardianship plan every year with the court to report on the ward’s condition and living arrangements.

Rights of the Ward and Legal Safeguards

Even when an individual is diagnosed with dementia, Florida law provides them with certain protections. Before declaring someone incapacitated, the court ensures:

  • The individual has legal representation
  • Evaluations are conducted independently
  • Rights are preserved wherever possible

Some rights are retained unless specifically removed by the court, such as the right to vote, marry, or make decisions about medical care. The court is required to choose the least restrictive form of guardianship to preserve the ward’s independence.

If there are concerns about how a guardian is fulfilling their duties, any interested party may file a petition for review or removal under Florida Statute 744.474.

Common Situations Requiring Guardianship for Seniors With Alzheimer’s

  • An elderly individual begins missing payments and showing signs of financial mismanagement
  • A person with dementia is exploited by caregivers or strangers
  • A loved one refuses medical treatment but lacks the capacity to understand the consequences
  • Conflicting family opinions on how to care for a parent with Alzheimer’s create dangerous delays in decision-making

These are sensitive situations that require legal authority to act swiftly and in the best interest of the person affected. As an Orlando Guardianship Attorney, I handle every case with compassion, precision, and a focus on protecting vulnerable seniors.

Disputes Over Guardianship and Allegations of Misconduct

Guardianship can become contentious, especially when:

  • Multiple family members want to be appointed guardian
  • There are disagreements about where the elderly person should live
  • A guardian is accused of neglecting the ward or misusing funds
  • The ward’s adult children are in conflict over long-term care planning

In these situations, I represent both family members who are seeking to protect their loved ones, and individuals who believe a current guardian is not fulfilling their legal duties. Courts take these disputes seriously, and anyone found breaching their responsibilities may be removed or held liable for damages.

Preventing the Need for Guardianship

One way to avoid court-appointed guardianship is by establishing durable legal documents before cognitive decline begins. These include:

  • Durable Power of Attorney: Allows a trusted individual to manage financial affairs
  • Healthcare Surrogate Designation: Gives someone the authority to make medical decisions
  • Living Will: States a person’s wishes about end-of-life care

However, once Alzheimer’s or dementia significantly impacts decision-making ability, these documents may no longer be valid unless executed prior to incapacity. At that point, guardianship may be the only legal route.

FAQs About Guardianship for Seniors With Alzheimer’s in Florida

What is the difference between a power of attorney and guardianship? A power of attorney is a voluntary legal arrangement signed when someone is of sound mind, allowing another person to manage certain matters. Guardianship, by contrast, is court-ordered when someone is declared incapacitated and unable to make decisions for themselves.

Who decides if someone needs a guardian? The court makes that determination after reviewing medical evaluations from an examining committee and hearing testimony. The process is designed to protect the rights of the person involved and ensure guardianship is necessary.

Can someone with Alzheimer’s still make decisions? It depends on the progression of the disease. Early-stage Alzheimer’s may not require full guardianship. The court may assign a limited guardian if the individual retains some capacity. Florida law requires guardianship to be as limited as possible.

What if the person with dementia objects to guardianship? They have the right to legal counsel and to contest the guardianship. The court will evaluate medical evidence and determine if they truly lack capacity. A judge does not approve guardianship without compelling proof.

Can guardianship be shared among family members? Yes, co-guardianship is allowed under Florida law if the court finds it appropriate. However, this can complicate decision-making and is often avoided unless all parties work well together.

How long does it take to obtain guardianship? Depending on the complexity of the case, it may take anywhere from a few weeks to several months. Emergency temporary guardianship can be granted faster if immediate intervention is needed.

What happens if the guardian abuses their authority? Florida courts oversee all guardianships. If a guardian is mismanaging funds or failing in their duties, anyone with concern may petition the court to review or remove that guardian. The guardian may also face legal consequences.

How can I prepare to become a guardian? You must complete a court-approved training program, file detailed reports annually, and act in accordance with Florida statutes. It’s important to work with an experienced attorney to understand your responsibilities and avoid costly errors.

What alternatives are available if I don’t want guardianship? Alternatives include powers of attorney, advance healthcare directives, and trust-based planning. These must be set up while the individual still has mental capacity. If they no longer do, guardianship may be the only legal option.

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

If your loved one has been diagnosed with Alzheimer’s or dementia and can no longer manage their affairs, legal guardianship may be necessary to protect their health, safety, and financial well-being. As an experienced Guardianship Attorney in Orlando, I can guide you through the court process, represent you in disputes, or help you challenge improper guardianship. Call 1-888-640-2999 to schedule a consultation and discuss your situation.

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The Role of Guardianship in Long-Term Care Planning for Special Needs Adults in Florida

The Role of Guardianship in Long-Term Care Planning for Special Needs Adults in Florida

Legal Protection and Practical Support for Lifelong Care Needs

Orlando is known for its family-centered communities and commitment to inclusivity. For many families here in Central Florida, long-term care planning for a loved one with special needs is not just a future concern—it’s a daily reality. Whether your adult child has autism, Down syndrome, or another developmental or cognitive condition, one of the most important decisions you may face is whether guardianship is necessary to support their long-term needs.

As an experienced Guardianship Attorney in Orlando, I help families make informed, thoughtful decisions about how to care for loved ones who cannot fully care for themselves. I assist parents, relatives, and caregivers throughout Orange County, Florida who are working to build secure, long-term plans for their adult children with disabilities. Whether you are considering guardianship or exploring alternatives, I can help you understand your rights, the legal process, and how Florida law applies to your unique situation. To discuss your case, call my office at 1-888-640-2999 to schedule a consultation.

Understanding the Connection Between Guardianship and Long-Term Care

Guardianship is a legal tool that allows a trusted individual to make personal, medical, or financial decisions for another person who has been determined to lack the capacity to make those decisions on their own. When an individual with special needs reaches adulthood, parents often lose the automatic legal authority to act on their child’s behalf. This can create gaps in care if the child cannot manage essential tasks independently.

Long-term care planning includes not only financial and housing arrangements but also decisions about medical treatment, daily support, and public benefits. Guardianship becomes one of the ways to ensure that a designated caregiver has the legal authority to act when necessary—whether it’s approving a surgery, managing benefits, or placing the person in a residential care facility.

Guardian Advocacy Under Florida Law

In Florida, guardian advocacy is a simplified form of guardianship specifically for individuals with developmental disabilities. It is established under Florida Statutes §393.12, which allows a court to appoint a guardian advocate without the need for a formal incapacity hearing. This is especially helpful for families with adult children who have conditions such as:

  • Autism
  • Cerebral palsy
  • Down syndrome
  • Spina bifida
  • Prader-Willi syndrome
  • Phelan-McDermid syndrome
  • Intellectual disabilities

These conditions must have originated before age 18 and be expected to continue indefinitely. Guardian advocacy is often part of the long-term care strategy for families who want to support their child’s independence while also protecting their health and legal rights.

When Full Guardianship May Be Necessary

For adults with special needs who do not fall under Florida’s guardian advocacy statute or whose conditions involve more complex decision-making needs, traditional guardianship under Florida Statutes Chapter 744 may be required. This process involves:

  • A court-ordered capacity evaluation by a three-member examining committee
  • A hearing to determine legal incapacity
  • The appointment of a guardian for the person, the property, or both

Traditional guardianship provides broader legal powers and more court oversight than guardian advocacy. It is typically required for individuals whose cognitive impairments arose after age 18 or whose limitations involve multiple areas of functioning, including managing money, signing contracts, and making healthcare decisions.

Guardianship and Public Benefits

One of the most important aspects of long-term care planning for special needs adults is preserving eligibility for public benefits such as:

  • Supplemental Security Income (SSI)
  • Social Security Disability Insurance (SSDI)
  • Medicaid
  • Medicaid Waiver Programs
  • Housing vouchers or other federal support

Guardianship does not, in itself, disqualify an individual from receiving these benefits. However, financial management must be done carefully. For example, if a guardian unintentionally causes the ward to exceed resource or income limits, it could jeopardize eligibility.

That’s why many families pair guardianship with additional planning tools such as:

  • Special Needs Trusts (SNTs) – Used to hold assets for the benefit of the individual without affecting SSI/Medicaid eligibility
  • ABLE Accounts – Tax-advantaged savings accounts that do not count toward SSI asset limits
  • Representative Payees – Designated individuals or organizations who manage government benefits on behalf of the beneficiary

An experienced Orlando Guardianship Attorney can help ensure that your loved one’s benefits remain protected and used appropriately.

Guardianship: Supporting Autonomy and Oversight

Guardianship does not have to be all or nothing. In many cases, courts in Florida can issue limited guardianships, which preserve some of the individual’s rights while assigning specific decision-making areas to the guardian. This might include:

  • Medical care only
  • Financial management only
  • Education-related decisions

The court tailors the guardianship order based on the individual’s needs and abilities. This balance is often crucial for special needs adults who may be capable of handling some parts of their lives with support, but not all.

The guardian is also required to submit regular reports to the court, which may include:

  • A plan of care
  • An inventory of assets
  • Annual accountings
  • Updates on living conditions and services received

This oversight helps ensure the adult’s well-being and provides a level of protection against abuse or neglect.

Why Legal Representation Matters

As a Guardianship Attorney in Orlando, I work with both sides of these matters—parents seeking to support their child, and individuals who want to retain as much independence as possible. Whether we are pursuing guardian advocacy or full guardianship, my goal is to build a plan that meets your loved one’s needs while following Florida law closely. These cases are deeply personal, and no two families face the exact same situation.

If you are thinking about how to care for your adult child with special needs, I invite you to schedule a consultation. We’ll review your options and responsibilities, including what kind of guardianship—if any—makes sense in your situation.

To speak with me about long-term care and guardianship planning, call 1-888-640-2999. I represent clients throughout Orange County, Florida, and I’m here to help you understand your rights and obligations under Florida law.

FAQs – Guardianship and Long-Term Care for Special Needs Adults in Florida

Does getting guardianship mean I can’t let my child make any decisions on their own?
No. Florida allows for limited guardianships and guardian advocacy arrangements that preserve many of your child’s rights. If your child is capable of making certain decisions, we can structure the legal arrangement to reflect that, so they remain as independent as possible.

Will my child lose their SSI or Medicaid if I become their guardian?
Not if everything is set up properly. Guardianship does not disqualify someone from government benefits. However, guardians must manage assets carefully to ensure the individual does not exceed income or resource limits. I often help families set up Special Needs Trusts or ABLE accounts to protect benefits.

What’s the difference between guardian advocacy and full guardianship?
Guardian advocacy is a simpler court process available for adults with specific developmental disabilities. It does not require a full incapacity hearing. Traditional guardianship involves more court oversight and applies to a wider range of disabilities, including those acquired later in life.

Is there a way to plan for my child’s future care if something happens to me?
Yes. Part of long-term care planning includes choosing a successor guardian, setting up a life care plan, and creating financial tools like trusts. These steps help ensure your child continues to receive the support they need if you can no longer provide it.

Can someone object to me becoming my child’s guardian?
It’s possible. Other family members, service providers, or even the court-appointed attorney may raise concerns. That’s why it’s important to work with an attorney who can help you present a clear, well-documented plan for your child’s care.

Do I have to go to court to become a guardian advocate?
Yes. Even for guardian advocacy, a petition must be filed in court, and a judge must approve your request. The court also appoints an attorney to represent your adult child during the process. I help families prepare for these hearings and ensure all legal requirements are met.

How often do I have to report to the court as a guardian?
You’ll generally need to file an initial plan and then annual reports that update the court on your child’s care, living situation, and finances if you are managing assets. These reports ensure accountability and protect your child’s best interests.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’re caring for an adult with special needs and have questions about guardianship and long-term care planning, I’m here to help. Let’s discuss how to create a legal structure that supports your loved one now and into the future.

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Guardianship vs. Power of Attorney: Which Is Right for Your Loved One in Florida?

Guardianship vs. Power of Attorney: Which Is Right for Your Loved One in Florida?

Understanding the Legal Differences and Determining the Best Choice for Your Family

If you live in Orlando or the surrounding areas, you may find yourself in a situation where a loved one can no longer manage their personal or financial affairs. Whether it’s an aging parent, a special needs child turning 18, or a family member facing serious medical concerns, deciding between guardianship and power of attorney is an important legal decision.

I’m Beryl Thompson-McClary, a dedicated Guardianship Attorney in Orlando, and I provide experienced legal guidance in these matters. Whether you need to establish guardianship, enforce a power of attorney, or challenge an unfair legal arrangement, I can help you understand your options and protect your loved one’s rights.

If you need legal assistance with these issues, call my office today at 1-888-640-2999 to schedule a consultation. I represent clients throughout Orange County, Florida and am here to assist you with this critical legal matter.

Understanding the Difference Between Guardianship and Power of Attorney

Both guardianship and power of attorney are legal tools that can help individuals manage the affairs of a loved one. However, they are very different in purpose, legal process, and impact on personal rights.

A power of attorney is a voluntary agreement where someone (the “principal”) assigns decision-making authority to another individual (the “agent”). This allows the agent to handle financial, legal, or medical decisions on behalf of the principal.

A guardianship is a court-ordered arrangement that gives one person (the “guardian”) legal authority to make decisions for another individual (the “ward”) who has been declared legally incapacitated. Unlike a power of attorney, guardianship is typically involuntary and requires court oversight.

When Power of Attorney May Be the Better Option

A power of attorney is often the preferred choice when an individual is still mentally capable of making decisions but needs assistance managing their affairs. Examples include:

  • An elderly individual who wants to designate a trusted family member to handle their finances in case of future incapacity.
  • A person undergoing a medical procedure who temporarily grants a spouse or relative authority over financial matters.
  • A business owner who wants a designated agent to sign legal documents on their behalf.

The key benefit of a power of attorney is that it allows the principal to retain control over their affairs and revoke the agreement at any time, as long as they remain mentally competent.

When Guardianship May Be Necessary

Guardianship may be required when a person lacks the legal capacity to make responsible decisions due to disability, illness, or cognitive decline. Florida law provides for guardianship in cases where:

  • An adult with special needs turns 18 and requires continued legal oversight for their well-being.
  • A senior citizen suffers from dementia or Alzheimer’s and is unable to manage their affairs.
  • A person is in a coma or otherwise incapacitated with no prior power of attorney in place.

Under Florida Statutes Chapter 744, the courts determine whether guardianship is necessary by appointing an examining committee to evaluate the individual’s mental and physical condition. If the court rules that the person is legally incapacitated, a guardian is appointed to manage financial, healthcare, and legal matters on their behalf.

Legal Ramifications of Guardianship and Power of Attorney in Florida

Under Florida law, power of attorney is governed by Chapter 709 of the Florida Statutes. The principal has broad discretion in defining the agent’s powers, which can be limited or general depending on the document’s terms.

Guardianship, on the other hand, requires court oversight under Florida Statute 744.331, which mandates ongoing reporting and approval of major decisions by the court. Unlike a power of attorney, guardianship removes certain rights from the ward, making it a more restrictive legal arrangement.

Because guardianship involves a formal legal process, it can be expensive and time-consuming. However, it is often the only option when an individual is already incapacitated and cannot voluntarily appoint an agent under a power of attorney.

Choosing the Right Legal Solution for Your Loved One

If you are unsure whether power of attorney or guardianship is the right solution for your family, I can help you weigh the legal and financial implications of both options. As an Orlando Guardianship Attorney, I work with families to ensure that loved ones receive the necessary protection without unnecessary restrictions.

If you need to establish or challenge a guardianship or draft a legally sound power of attorney, contact my office at 1-888-640-2999 to discuss your case.

FAQs About Guardianship and Power of Attorney in Florida

What happens if someone becomes incapacitated without a power of attorney?
If a person does not have a power of attorney and becomes unable to make decisions, a family member or interested party must petition the court for guardianship. The court will then evaluate whether the individual is legally incapacitated and determine if guardianship is necessary.

Can a power of attorney override guardianship in Florida?
No. If a court appoints a guardian, the guardian’s authority takes precedence over a previously executed power of attorney. However, the court will review any existing power of attorney before granting guardianship.

Can a power of attorney be revoked?
Yes. As long as the principal is mentally competent, they can revoke a power of attorney at any time. This must be done in writing, and it is best to notify all relevant institutions to prevent unauthorized use of the revoked document.

How long does guardianship last in Florida?
Guardianship remains in place until the ward regains capacity (if applicable) or until the court determines that it is no longer necessary. A guardian can also be removed if they fail to fulfill their legal duties.

How do courts determine incapacity for guardianship cases?
The court appoints a medical examining committee, which evaluates the individual’s cognitive and functional abilities. Based on their findings, the court will decide whether full or limited guardianship is appropriate.

Does a guardianship cover financial and medical decisions?
It depends on the type of guardianship ordered by the court. Some guardianships cover both financial and healthcare decisions, while others may be limited to specific responsibilities.

How do I contest a guardianship appointment?
If you believe a guardian is not acting in the best interest of the ward, you can petition the court for a review. This can involve requesting a change in guardianship or proving that the ward is capable of making their own decisions.

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

If you need assistance with guardianship or power of attorney in Florida, I can provide legal guidance to protect your loved one’s best interests. Call 1-888-640-2999 today to schedule a consultation and discuss your options.

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