What Families Need to Know About Guardianship Proceedings, Responsibilities, and Legal Risks in Florida
Helping Families Protect the Ones They Love in Orlando and Throughout Orange County
Living and working in Orlando means being part of a vibrant, diverse community where families face unique legal challenges every day. One of the most emotionally charged legal decisions people face is whether to seek a financial guardianship for a loved one. As an Orlando Guardianship Attorney, I’ve guided families through some of the most delicate and high-stakes financial guardianship cases across Orange County and the surrounding region. Whether you’re considering filing for guardianship or you’ve been served legal papers notifying you of a petition, I can help you understand what’s at stake, what Florida law requires, and how to protect both the vulnerable person and your legal interests.
If you’re facing a guardianship issue, it’s important that you don’t wait. Call my office today to schedule a consultation at 1-888-640-2999. I do not offer free consultations, but I do offer straight answers, seasoned legal judgment, and strong representation in complex Florida guardianship matters.
What Is a Financial Guardianship in Florida?
A financial guardianship—formally known in Florida as a “guardian of the property”—is a court-authorized arrangement in which one person is appointed to manage the financial affairs of another person who has been deemed legally incapacitated. The incapacitated person is referred to as the ward. As a Guardianship Attorney in Orlando, I represent both petitioners (those seeking guardianship) and respondents (those contesting it), and I can tell you—this legal process carries profound consequences.
Under Florida Statute §744.102(9), a “guardian” is a person who has been appointed by the court to act on behalf of a ward’s person, property, or both. A guardian of the property specifically manages the ward’s income, bank accounts, investments, personal property, and real estate.
Some typical situations where this type of guardianship may be necessary include:
- An elderly parent with dementia who is vulnerable to financial exploitation
- A disabled adult child who cannot manage money on their own
- A stroke victim who has lost cognitive function
- A person who has been defrauded due to diminished capacity
When Is Financial Guardianship Necessary?
Florida law requires clear and convincing evidence that the person is incapable of managing their property. This determination is not made lightly. A court will usually appoint a three-member examining committee, as described under Florida Statute §744.331, to evaluate the alleged incapacitated person and report back to the judge.
Financial guardianship becomes appropriate when:
- The individual cannot understand or manage their income or bills
- They are being exploited or have suffered financial losses due to scams
- There is no valid Power of Attorney in place
- Family members are in conflict over how to manage the person’s affairs
Sometimes guardianship is sought with good intentions but isn’t legally justified. I often represent adult children who are being unfairly targeted in guardianship proceedings, or aging parents who still have capacity but are being pressured to relinquish control. In other situations, I help families seek urgent guardianship to prevent serious financial loss.
Legal Requirements and Florida Statutes Governing Guardianships
Once a person is found to be legally incapacitated, the court will look at the specific needs of the ward. If the person is unable to manage finances but can still handle personal decisions (such as where they live or who they associate with), the court may only appoint a guardian of the property and not a guardian of the person.
Here are some of the key Florida statutes involved:
- §744.102(12): Defines a ward as a person for whom a guardian has been appointed.
- §744.312: Outlines the court’s discretion in choosing a guardian and the importance of acting in the ward’s best interest.
- §744.441: Provides a list of financial actions a guardian must seek court approval for—such as selling property, investing assets, or entering contracts.
- §744.361: Outlines a guardian’s legal duties, including the duty to act in good faith, avoid self-dealing, and file required reports.
These rules exist to protect the ward, but also place a heavy burden on the guardian. That’s why you need strong legal representation whether you are seeking to become a guardian or defending against the petition.
The Responsibilities of a Financial Guardian
Once appointed, the guardian must:
- Inventory all assets of the ward and report them to the court
- Create a financial management plan within 60 days of appointment
- File annual accountings to show income, expenses, and investments
- Seek court approval before selling or mortgaging real estate
- Avoid conflicts of interest or using the ward’s money for personal benefit
A guardian has what’s called a fiduciary duty—meaning they must act in the ward’s best financial interest at all times. The guardian must also be bonded (insured) and may need to take financial literacy training. Violations of fiduciary duty can lead to court sanctions, removal, or even civil liability.
Contested Guardianship Cases
Controversy is not uncommon in guardianship matters. A sibling may claim another family member is mishandling funds. An aging parent may insist they don’t need help. Sometimes a guardian is appointed and then turns out to be untrustworthy.
As an Orlando Guardianship Attorney, I handle contested matters in both directions:
- I represent clients trying to establish guardianship over loved ones in legitimate need
- I defend individuals accused of lacking capacity or mismanaging another’s money
Guardianship litigation is complex and emotionally intense. If you’ve been served with legal papers or suspect abuse of power by an existing guardian, contact my office at 1-888-640-2999 immediately.
What Are the Ramifications of a Financial Guardianship?
Once a guardian is appointed, the ward loses the legal right to:
- Control their own money
- Make financial transactions independently
- Sign contracts
- Manage bank accounts or property
That’s why Florida law requires clear proof that less restrictive alternatives—like powers of attorney or trusts—won’t work. In many cases, I help families avoid guardianship by establishing comprehensive estate plans or advocating for more limited court intervention.
Guardianship can be reversed or modified if circumstances change, but it takes legal action. Whether you’re seeking guardianship or trying to oppose it, it’s crucial to work with an attorney who understands both the legal mechanics and the emotional impact these cases have on families.
Frequently Asked Questions About Financial Guardianships in Florida
What’s the difference between a guardian of the person and a guardian of the property?
A guardian of the person is responsible for personal, non-financial decisions like healthcare and living arrangements. A guardian of the property only manages financial matters. In some cases, the same person is appointed to both roles, but they are legally distinct under Florida law.
Do I need an attorney to file for guardianship in Florida?
Yes, guardianship proceedings are handled in circuit court and require strict compliance with Florida’s guardianship statutes. Errors can result in delays, denial of your petition, or legal liability. Working with an experienced guardianship attorney in Orlando is essential.
Can the court appoint someone I don’t want as guardian?
If you don’t act quickly, the court can appoint a professional guardian or someone you wouldn’t choose. The court’s priority is the ward’s best interest, but it will consider prior estate plans, family preferences, and suitability. You can object to a proposed guardian, but you’ll need to present strong evidence.
How long does it take to obtain financial guardianship in Florida?
It depends on the complexity of the case. Emergency temporary guardianships can be granted within days, while full guardianship cases may take weeks or months due to evaluations, reports, and hearings. I help clients prepare thoroughly so that delays and disputes are minimized.
Can a financial guardianship be terminated?
Yes. If the ward regains capacity or if less restrictive alternatives become viable, the court may terminate or reduce the guardianship. The ward, a family member, or the guardian themselves can file a petition requesting modification. Medical evaluations are usually required to support the request.
What are the ongoing responsibilities after being appointed guardian?
You’ll need to inventory all the ward’s assets, file financial plans, submit annual accountings, and request court approval for major financial actions. Guardians who fail to comply with these duties may be fined, removed, or held personally liable. I offer legal support for guardians needing help with compliance and reporting.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you believe someone you love needs a financial guardian—or if you’re being impacted by an unwanted guardianship—don’t wait to take action. I handle guardianship matters throughout Orange County and the greater Orlando area. I represent both petitioners and respondents and will give your case the attention and clarity it deserves.
Call my office at 1-888-640-2999 to schedule your consultation. While I do not offer free consultations, I do offer personalized legal strategy backed by years of real courtroom experience. Let’s protect what matters most—together.
