Understanding Their Responsibilities and Oversight in Orlando and Across the State
Orlando is a city filled with families, retirees, and individuals who may one day need guardianship services. In many cases, a family member steps forward to take on the role of guardian. But sometimes, due to conflicts, lack of availability, or the complexity of the case, Florida courts appoint a professional guardian instead. As an Orlando Guardianship Attorney, I’ve represented both professional guardians and families concerned about the appointment of a stranger to manage the affairs of a loved one.
My name is Beryl Thompson-McClary, and I assist clients in guardianship cases throughout Orange County and the greater Orlando area. If you are facing a guardianship issue, it is important to understand the role of professional guardians under Florida law, the oversight they receive, and the rights of families to question or challenge their actions. If you’d like to discuss your situation, call me at 1-888-640-2999 to schedule a consultation.
What Is a Professional Guardian?
A professional guardian is someone who has been appointed by a Florida court to manage the personal, financial, or medical affairs of a ward (the person under guardianship) when no qualified family member is available or willing to serve. These guardians often manage multiple cases at a time and are regulated by Florida law to ensure they act in the best interests of their wards.
Florida Statute §744.102(17) defines a professional guardian as any guardian who has at any time been appointed to three or more wards, excluding relatives or certain corporate entities. Professional guardians must undergo training, be registered with the Office of Public and Professional Guardians, and are subject to strict oversight.
Why Professional Guardians Are Appointed
There are several reasons why a professional guardian may be necessary:
- No Family Available: Sometimes there are no close relatives to serve as guardian.
- Conflict Among Family Members: Courts may choose a neutral professional to avoid disputes.
- Complex Estates: High-value financial matters may require a professional with experience.
- Elderly or Isolated Individuals: Seniors with no close family in Florida often require a professional guardian.
As an Orlando Guardianship Attorney, I often see families who are uneasy with the idea of a stranger managing their loved one’s life. On the other hand, there are cases where professional guardianship is the most practical and safe solution.
Duties of Professional Guardians Under Florida Law
Professional guardians have many of the same responsibilities as family guardians, but they operate under heightened scrutiny. Their responsibilities include:
- Managing the ward’s financial assets
- Ensuring medical needs are met and healthcare decisions are made appropriately
- Filing required annual accountings and reports with the court
- Protecting the ward from financial exploitation or neglect
- Obtaining court approval before making major financial or personal decisions
Florida Statute §744.361 sets out the duties of guardians, including acting in good faith, avoiding conflicts of interest, and preserving the assets of the ward.
Oversight of Professional Guardians
Florida law recognizes the potential risks of giving one individual authority over another person’s life and assets. As a result, professional guardians are closely monitored:
- Licensing and Training: They must complete state-mandated training and certification.
- Background Checks: Fingerprints and criminal background checks are required.
- Court Supervision: Judges review all reports, financial accountings, and fee requests.
- Office of Public and Professional Guardians: This state agency monitors compliance and investigates complaints.
These safeguards exist to protect wards from abuse, but disputes still arise, which is why families sometimes need legal representation to challenge a guardian’s actions.
The Benefits of Professional Guardians
From one perspective, professional guardianship provides several benefits:
- Neutrality in family disputes
- Professional training in financial and healthcare management
- Experience in handling complex estates or government benefit programs
- A reliable option when no family member is available
In many cases, a professional guardian can provide stability and care for vulnerable adults who would otherwise have no one to assist them.
The Concerns About Professional Guardians
On the other side, professional guardianship is not without controversy. Concerns include:
- High Costs: Professional guardians are entitled to fees, which must be paid from the ward’s estate and approved by the court.
- Loss of Family Control: Loved ones may feel excluded from decisions.
- Potential for Abuse: Like any fiduciary position, there is a risk of mismanagement or exploitation.
- Overextended Guardians: Some professional guardians manage dozens of cases at once, raising questions about how much personal attention each ward receives.
As an Orlando Guardianship Attorney, I represent families who want to ensure that professional guardians are acting properly and not taking advantage of their authority.
Florida Statutes and Case Law Governing Professional Guardians
Florida Statutes provide the framework for professional guardianship. Relevant provisions include:
- §744.102(17) – Defines professional guardianship.
- §744.108 – Governs compensation of guardians and attorneys.
- §744.361 – Lists duties and responsibilities of guardians.
- §744.367 – Requires annual accountings and reports.
Courts in Orlando and throughout Florida interpret these statutes to protect the rights of wards and their families. Judges have discretion to remove guardians who fail to meet their obligations.
How I Help Clients in Professional Guardianship Cases
Whether you are a professional guardian seeking guidance or a family member concerned about the appointment of a professional guardian, I can help you understand your rights and the process. I assist with:
- Petitioning for or contesting the appointment of a professional guardian
- Reviewing guardianship reports and accountings
- Filing objections to excessive fees or questionable actions
- Representing guardians in court to obtain approvals
- Seeking removal of guardians who fail to act in the ward’s best interests
Every guardianship case is unique, and I tailor my approach to meet the needs of the families and individuals involved.
If you need help with a guardianship matter in Orlando or anywhere in Orange County, call me at 1-888-640-2999 to schedule a consultation.
FAQs About Professional Guardians in Florida
What is the difference between a family guardian and a professional guardian?
A family guardian is usually a relative who serves voluntarily or with limited compensation, while a professional guardian is someone licensed and appointed to manage guardianships as part of their profession.
Do professional guardians get paid in Florida?
Yes, but their compensation must be approved by the court under §744.108. Fees are reviewed for reasonableness and necessity before being paid from the ward’s estate.
Can family members challenge the appointment of a professional guardian?
Yes. Family members can petition the court to serve as guardians themselves, or they can object to the appointment if they believe a professional guardian is unnecessary.
What oversight exists for professional guardians?
They are licensed by the state, monitored by the Office of Public and Professional Guardians, and required to file annual reports with the court. Judges can reduce fees, require additional documentation, or remove guardians for misconduct.
What rights do wards retain under professional guardianship?
Depending on the type of guardianship, wards may retain rights such as the ability to vote, marry, or make certain personal decisions. Courts tailor guardianships to preserve as many rights as possible.
How do I know if a professional guardian is acting in the best interests of my loved one?
Reviewing court filings, financial reports, and medical decisions is essential. If you suspect mismanagement, you can raise objections with the court or seek legal assistance.
What happens if a professional guardian mishandles funds?
They can be held personally liable, removed from the case, and reported to the Office of Public and Professional Guardians for disciplinary action.
Can a professional guardian be removed from a case?
Yes. If a guardian fails to act in the ward’s best interest or misuses their authority, a judge can remove them and appoint a new guardian.
When is a professional guardian the best option?
In cases where family members cannot agree, where no relatives are available, or where the estate is complex, a professional guardian may provide the most practical solution.
Why should I hire an Orlando Guardianship Attorney in cases involving professional guardians?
Because guardianship law is complex and heavily regulated, having an attorney ensures your rights are protected, whether you are a family member, a professional guardian, or the ward.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
Guardianship cases involving professional guardians can be complex and emotional. Whether you are supporting the appointment of a professional guardian or challenging one, I can provide the legal guidance you need. Call 1-888-640-2999 today to schedule a consultation and discuss your case.
