In Orlando, guardianship cases often begin with good intentions—protecting an aging parent, caring for an adult child with special needs, or stepping in when someone can no longer manage their affairs. But when questions arise about how a guardian is handling their responsibilities, everything can change quickly. Allegations of mismanagement—especially in cases involving substantial assets—can spark deep family conflict and lead to serious legal consequences.
I’m Beryl Thompson-McClary, a Guardianship Attorney in Orlando. I handle guardianship disputes throughout Orange County and across Central Florida, working with both family members seeking to remove a guardian and guardians who need to defend their actions. If you are facing this issue, whether you’re raising concerns or being accused, I encourage you to call my office at 1-888-640-2999 to schedule a consultation. These cases are sensitive, and they require careful handling, not just to protect assets, but to protect people.
Let’s talk about what Florida law says, what the process looks like, and how both sides of a guardianship dispute should prepare.
Understanding Guardianship Mismanagement Under Florida Law
When someone is appointed as a guardian in Florida—whether of the person, the property, or both—they assume a fiduciary duty. That’s a legal obligation to act solely in the best interests of the ward. Under Fla. Stat. § 744.361, guardians must:
- Act prudently in managing the ward’s property
- Avoid self-dealing and conflicts of interest
- Keep accurate financial records
- File annual reports with the court
- Obtain court approval for certain transactions
Mismanagement can include a wide range of misconduct, such as:
- Using the ward’s funds for personal gain
- Failing to pay the ward’s bills or provide medical care
- Selling the ward’s property without court approval
- Neglecting to file mandatory reports
- Making poor investment choices without legal authority
- Failing to disclose financial conflicts
Some cases involve deliberate fraud or theft. Others involve mistakes, oversights, or honest disagreements among family members. Either way, Florida law takes these allegations seriously.
Who Can File a Complaint Against a Guardian?
Almost anyone with a legitimate interest in the ward’s welfare can file a complaint. That includes:
- Adult children
- Siblings
- Other relatives
- Caregivers
- Attorneys
- Interested parties identified by the court
These individuals can petition the guardianship court under Fla. Stat. § 744.474 to request that the guardian be investigated, sanctioned, or even removed.
As an Orlando Guardianship Attorney, I work on both sides of these matters. Sometimes I represent concerned family members who are worried about financial abuse. Other times, I represent guardians—often devoted adult children—who are facing harsh accusations after years of care.
The Investigation Process
Once a formal complaint is filed with the court, the judge will often order a hearing. Depending on the seriousness of the claim, the court may also:
- Appoint a court monitor to investigate the guardian’s actions
- Demand an immediate accounting of all funds
- Freeze certain accounts or restrict the guardian’s financial authority
- Issue temporary orders to protect the ward’s assets
The court will weigh the evidence—bank records, receipts, caregiver reports, medical bills, and testimony. The guardian has the right to defend themselves, provide context, and offer proof that their actions were appropriate.
Under Fla. Stat. § 744.367, the guardian is required to submit detailed annual reports. Failure to do so can raise red flags and fuel suspicion. If the court finds that the guardian has not acted in the best interest of the ward, consequences can range from mandatory supervision to complete removal.
Consequences of a Mismanagement Finding
If the court determines that the guardian has mismanaged the ward’s estate or neglected their duties, the possible outcomes include:
- Removal as guardian
Under Fla. Stat. § 744.474, the court may remove the guardian and appoint a successor. - Court-ordered repayment of funds
The guardian may be personally liable for reimbursing the estate for misused funds. - Loss of bond or other financial penalties
In cases where the guardian is bonded, the surety may be held liable. - Referral for criminal prosecution
If the conduct involved fraud or theft, the matter can be referred to law enforcement or the state attorney’s office. - Civil lawsuits
Family members may also bring separate civil claims for breach of fiduciary duty or conversion of assets.
It’s important to understand that even well-meaning guardians can face these outcomes if they do not keep excellent records, seek court approval when required, or misunderstand their responsibilities.
Defending Against Allegations of Mismanagement
If you’re a guardian who has been accused of wrongdoing, you deserve the chance to explain and defend your actions. Many cases are rooted in miscommunication, unclear court orders, or emotional conflict among family members.
Here’s how I help guardians protect themselves:
- Review the petition and the specific allegations
- Audit all financial records and annual accountings
- Prepare a response with documentation and receipts
- Present witness testimony or expert reports if needed
- Propose alternatives short of removal, such as limited oversight or additional reporting
In some cases, the solution is as simple as clarifying a misunderstanding. In others, we need to fight to preserve your role and reputation.
Representing Concerned Family Members
On the other side of the courtroom, I also represent adult children, siblings, and other interested parties who have legitimate concerns about how a loved one’s affairs are being managed. If you’re concerned that a guardian is misusing funds or neglecting the ward’s needs, I can help you:
- File a petition to investigate the guardian’s conduct
- Request appointment of a court monitor
- Demand financial disclosure and accounting
- Ask the court to freeze assets or require bond
- Pursue removal and replacement of the guardian
Many clients who contact me are unsure whether what they’re seeing amounts to legal misconduct. That’s where experienced legal counsel matters. I’ll help you evaluate the facts and build a petition if it’s warranted—or tell you frankly if the issue might not justify legal action.
Preventing Mismanagement from the Start
Whether you’re a family member trying to ensure your loved one is protected or a guardian managing complex financial duties, the best defense is prevention.
Here are some steps that reduce the risk of mismanagement:
- Keep meticulous records of every transaction
- Use separate accounts specifically titled in the name of the guardianship
- Seek court approval for any major purchases or sales
- Avoid giving gifts or making loans from the ward’s funds
- File annual reports on time and in full detail
- Consult an attorney before taking financial actions you’re unsure about
If you’re a guardian, I’ll help you stay in compliance. If you’re concerned about a guardian’s actions, I’ll help you bring it to the court’s attention—strategically and legally.
Why Choose Beryl Thompson-McClary for Guardianship Mismanagement Cases?
I’ve handled guardianship disputes throughout Orlando and across Orange County. I understand that these cases are not just legal—they’re personal. Families are often hurt, divided, and unsure where to turn. My role is to bring clarity to the situation and advocate for the vulnerable person at the center of it all.
Whether you’re pursuing action or defending your role, I’ll give you a clear, informed assessment of your position and what steps we need to take. Call 1-888-640-2999 to schedule a consultation.
Florida Guardianship Frequently Asked Questions
What are the signs of guardianship mismanagement?
Common signs include missing financial records, unpaid bills, sudden transfers of property, and unexplained expenses. A guardian who avoids questions, fails to file court reports, or keeps family members in the dark may raise serious concerns. If you’re noticing these patterns, you should speak with a guardianship attorney in Orlando.
Can a guardian be removed for making honest mistakes?
Yes, though context matters. If the guardian has made a good-faith error and corrects it, the court may allow them to continue under supervision. But repeated or severe mistakes—even if not intentional—can still lead to removal if they harm the ward’s welfare or financial interests.
What if the guardian refuses to provide financial information?
The court can compel the guardian to produce full financial records. If they refuse, the court may issue sanctions, appoint a court monitor, or remove the guardian entirely. You can file a petition under Fla. Stat. § 744.474 to enforce transparency.
Is a guardian personally liable for misused funds?
Yes. If a guardian uses a ward’s assets improperly, they can be ordered to repay the money out of their own funds. This includes unauthorized purchases, poor investments, or self-serving transactions. In some cases, the guardian may face criminal charges as well.
What’s the difference between poor judgment and legal misconduct?
Florida guardianship law focuses on the guardian’s intent, the harm done to the ward, and whether the guardian acted in compliance with court orders. Poor judgment may not always rise to legal misconduct, but repeated errors or neglect often do. Each case must be reviewed in context.
Can I be present at a hearing if I filed a complaint against the guardian?
Yes. As an interested party, you have the right to attend hearings, submit evidence, and testify if appropriate. A guardianship attorney in Orlando can help you file the necessary petitions and present your case to the court professionally and effectively.
Can the ward speak for themselves in a mismanagement case?
Yes, if the ward retains some rights or the court finds them capable of expressing their wishes. Florida law encourages the participation of the ward whenever possible, particularly in cases involving changes to their care or finances.
How long does it take to remove a guardian for mismanagement?
The timeline depends on the court’s calendar, the complexity of the case, and whether emergency relief is needed. In urgent cases, temporary orders can be issued quickly. Otherwise, the process may take weeks or months as evidence is gathered and hearings are held.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
If you or your loved one is involved in a guardianship case involving allegations of mismanagement, get legal advice immediately. These cases require careful planning and an understanding of Florida’s guardianship statutes. Whether you’re seeking to remove a guardian or defend against accusations, I can help.
