Orlando, Florida is home to a growing population of retirees and elderly residents who require assistance as they age. Many families in Orange County find themselves facing difficult questions when a loved one becomes unable to manage their own affairs. When an elderly person is no longer capable of making informed decisions, the court may appoint a guardian to act in their best interest. One of the most critical responsibilities a guardian can have is overseeing the care of a ward who resides in a nursing home.
As a Guardianship Attorney in Orlando, I’ve worked with families on both sides of this issue. Sometimes I represent concerned relatives trying to establish guardianship to protect a loved one from neglect or abuse in a facility. Other times, I represent court-appointed guardians who need guidance on managing care properly under Florida law. If you’re in this situation, I want you to know that I’m here to help you make the right legal decisions—because these decisions affect the health, dignity, and safety of someone who can no longer speak for themselves.
I’m Attorney Beryl Thompson-McClary, and I handle guardianship matters throughout Orange County, Florida. If you’re worried about the care your elderly family member is receiving—or if you’re a guardian trying to comply with Florida’s guardianship requirements—call me at 1-888-640-2999 to schedule a consultation.
What Is a Guardian’s Role in Nursing Home Management?
When the court appoints a guardian for an elderly ward, the guardian becomes legally responsible for making decisions on that person’s behalf. This includes decisions about medical care, finances, and, very often, whether the ward needs to be placed in a long-term care facility.
A guardian in Florida is expected to do more than just check a box. The law holds guardians to a standard of substituted judgment—meaning the guardian must act as the ward would have if they were still capable of making decisions, not based solely on the guardian’s own opinions or convenience.
For elderly individuals in nursing homes, guardians are responsible for:
- Choosing the facility, or petitioning the court if a move is needed
- Monitoring the quality of care received
- Approving medical treatments
- Ensuring the facility follows the ward’s care plan
- Communicating with doctors and staff
- Reporting any signs of abuse or neglect
- Making financial arrangements for care
These are not optional responsibilities. Florida law requires guardians to be actively involved in the well-being of the ward, especially when they are placed in a care facility.
Legal Framework: Florida Guardianship Law and Nursing Home Oversight
Under Florida Statutes Chapter 744, guardianship law is clearly defined. A guardian may be appointed by the court when a person is found legally incapacitated through an adjudication of incapacity. Once appointed, the guardian has authority over the ward’s affairs, either in part (limited guardianship) or in full (plenary guardianship).
When it comes to nursing home care, these are some key legal obligations:
Florida Statutes § 744.361 – Powers and Duties of Guardian
This section outlines the general responsibilities of a guardian, which includes:
- Ensuring that the ward’s medical and personal needs are met.
- Filing annual care plans that detail the ward’s condition, care, and living arrangements.
- Monitoring and reporting on the conditions of any facility where the ward resides.
Florida Statutes § 744.3675 – Annual Guardianship Plan
Each year, the guardian must submit a plan that includes:
- A physician’s report on the ward’s condition
- The location and name of the residential facility
- The level of care required
- A summary of medical treatments, therapies, and services
- A description of how frequently the guardian has visited the ward
This is not just paperwork—it’s legal evidence that the guardian is fulfilling their obligation to protect the ward. Failure to submit this plan or provide proper care may result in removal by the court or even civil liability.
Balancing the Interests of Family Members, Wards, and Facilities
As an Orlando Guardianship Attorney, I’ve seen cases where family members are at odds. Sometimes one person seeks guardianship because they believe a relative is not receiving proper care. Other times, guardians are accused—often unfairly—of mismanaging a ward’s care or money.
Florida courts take these accusations seriously. The law allows interested parties to petition for changes in guardianship when they believe abuse or neglect is occurring. However, courts also recognize the enormous responsibility guardians bear—particularly when the ward has dementia or other complex medical issues that make care especially sensitive.
It’s not unusual for family members to disagree about:
- Which nursing home is best
- Whether the ward should remain in a facility or move home
- The type of treatment the ward should receive
- How to pay for long-term care
As your attorney, I guide clients through these difficult decisions, help mediate disputes, and present clear plans to the court that reflect both legal compliance and compassionate care.
Financial Responsibilities in Nursing Home Guardianship Cases
In addition to overseeing care, guardians are often tasked with managing the ward’s finances. This includes applying for Medicaid benefits, managing income, paying nursing home bills, and making sure assets are preserved when possible.
Many people are surprised to learn that Medicaid eligibility in Florida can be impacted by how guardians handle the ward’s assets. Improper transfers or spending can result in Medicaid penalties, which could jeopardize the ward’s access to long-term care. That’s why it’s critical to consult with a lawyer before making financial decisions.
Some of the financial duties a guardian may have:
- Managing bank accounts and pensions
- Ensuring the ward’s bills are paid on time
- Filing accurate reports of income and expenses with the court
- Coordinating Medicaid eligibility and renewal applications
- Preserving assets through legal tools like personal services contracts or pooled trusts (with court approval)
I assist guardians with all of these responsibilities and ensure that the annual financial accounting is complete, accurate, and timely filed with the court, per Florida Statutes § 744.367.
When Abuse or Neglect Is Suspected
If a guardian suspects that an elderly ward is being abused, neglected, or exploited in a nursing home, they have a duty under Florida Statutes § 415.1034 to report it immediately to the Florida Abuse Hotline.
Failure to act can have tragic consequences—not only for the ward but also for the guardian, who may face court sanctions or removal. I help guardians take swift, lawful action to protect vulnerable seniors and coordinate with the proper agencies to investigate and resolve the issue.
Why Choose Attorney Beryl Thompson-McClary
I’ve spent decades helping Florida families manage some of the most sensitive legal situations they’ll ever face. Guardianship law is personal, complex, and often emotional. I understand that you’re not just trying to follow the law—you’re trying to protect someone you love.
I serve clients throughout Orlando and Orange County and represent both those who seek guardianship and those already serving as guardians. Whether you’re worried about a parent in a facility or trying to do your job as guardian the right way, I will walk beside you and help you protect your loved one’s dignity and rights.
Call me at 1-888-640-2999 to schedule your consultation.
Frequently Asked Questions About Guardians and Nursing Home Care in Florida
What is the difference between a guardian and a nursing home power of attorney?
A power of attorney is a voluntary legal document signed by someone who still has capacity. A guardian is court-appointed after the person has been declared incapacitated. A guardian has the authority to make decisions on behalf of the ward, including those related to nursing home care. If a person never signed a power of attorney before becoming incapacitated, guardianship may be the only option.
Can a guardian move a ward from one nursing home to another?
Yes, a guardian can relocate the ward if it is in the ward’s best interest, but significant changes—especially across counties—may require court approval. The guardian should consider medical needs, quality of care, proximity to family, and cost. Any major move should be documented in the annual guardianship plan.
How often does a guardian have to visit the ward in a nursing home?
There is no exact number in the statute, but the law requires that the guardian maintain regular contact and adequately monitor the ward’s condition and living situation. Courts expect guardians to visit the ward personally, not just rely on phone calls or staff updates. Frequent visits are viewed as a sign of proper guardianship.
What if a nursing home refuses to cooperate with a guardian?
Nursing homes are legally required to respect the guardian’s authority. If a facility is denying access or refusing to share medical records, the guardian may need to contact the facility administrator or file a motion with the court to enforce their rights. It’s also important to confirm that the guardianship letters are current and on file with the facility.
Can someone else challenge my guardianship if they disagree with my nursing home choices?
Yes, any “interested person” may file a petition with the court to challenge your actions as guardian. They may claim that you’re not acting in the ward’s best interest or that your decisions are inappropriate. The court will review the matter, and it may result in a hearing. Having clear records, legal representation, and properly filed annual plans can help defend your role.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you are caring for an elderly loved one or have been appointed as a guardian in Florida, I can help ensure their nursing home care is handled legally, compassionately, and with accountability. Let’s protect what matters most.
