Protecting Vulnerable Adults From Financial Abuse—And Defending Guardians Against Unfair Accusations
In Orlando and throughout Orange County, Florida, guardianship plays an essential role in protecting individuals who can no longer manage their own affairs. When someone becomes legally incapacitated—whether due to age, illness, or disability—the court may appoint a guardian to make financial decisions on their behalf. But what happens if the person given that responsibility begins misusing the ward’s money?
I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney. For years, I’ve helped clients on both sides of this sensitive issue. I represent concerned family members who believe a guardian is taking advantage of a vulnerable person—and I also represent guardians who are wrongfully accused and need legal protection to preserve their role and reputation.
If you’re facing this situation, you don’t need to guess about your rights or the law. Call my office at 1-888-640-2999 to schedule a consultation. I handle guardianship cases throughout Orange County, and I’ll help you take the right legal steps to protect what matters.
Understanding Financial Misuse in Guardianship Cases
Guardianship is a powerful legal relationship. When someone becomes a guardian of the property under Florida Statutes Chapter 744, they gain access to the ward’s bank accounts, investments, real estate, and income. But that authority comes with legal boundaries.
Misuse of a ward’s finances can include:
- Unauthorized withdrawals from bank accounts
- Using the ward’s money for personal expenses
- Transferring assets without court approval
- Selling property below fair market value
- Failing to maintain records or file court-mandated accountings
These actions can have serious consequences. If proven, the guardian may be removed, required to pay restitution, or even face criminal charges. But it’s also important to understand that not all allegations are based on wrongdoing. In some cases, a guardian may be falsely accused due to family conflict or misunderstanding.
What Florida Law Requires of Guardians
Under Fla. Stat. § 744.361, all guardians owe a fiduciary duty to the ward. This means the guardian must act solely in the ward’s best interest, avoid any self-dealing, and keep detailed financial records. The law requires:
- Filing an Initial Inventory within 60 days of appointment (Fla. Stat. § 744.365)
- Submitting Annual Accountings of all income and expenses (Fla. Stat. § 744.367)
- Seeking court approval for major transactions, such as real estate sales, gifts, or changes in investments (Fla. Stat. § 744.441)
Guardians who don’t meet these requirements risk being held in contempt or having their authority revoked by the court.
If You Suspect Financial Misuse
If you believe a guardian is mishandling funds, you have the legal right to act. Florida law allows “interested persons” to petition the court under Fla. Stat. § 744.474 to:
- Compel the guardian to provide a full accounting
- Request removal or suspension of the guardian
- Seek restitution for misused funds
- Ask the court to appoint a successor guardian
This process begins by filing a Petition to Remove Guardian, which must be supported by facts, not just suspicion. The court may schedule a hearing, issue subpoenas for financial records, and order a full investigation.
As your attorney, I will help you gather the evidence, prepare the proper court filings, and advocate for your loved one’s best interests. If there’s wrongdoing, I’ll work to ensure it’s stopped—and if the funds are recoverable, we’ll ask the court to restore them.
If You Are a Guardian Accused of Misusing Funds
Being accused of financial abuse as a guardian can be devastating, especially if the allegations are untrue. I have defended many guardians in Orlando and throughout Orange County who found themselves in this situation through no fault of their own.
False or exaggerated claims may stem from:
- Family disagreements about money
- Lack of understanding about guardianship law
- Poor communication with other relatives
- Honest mistakes in recordkeeping
The law gives guardians the opportunity to respond. You are entitled to defend yourself, provide documentation, and explain your actions. If you’ve followed court orders and acted in good faith, the judge may deny the petition and allow you to continue your role.
I can help you prepare your legal defense, organize your accountings, and correct any errors before they become grounds for court action. It’s critical to respond quickly and comply with all court requirements.
The Role of the Court and Oversight Procedures
Florida’s guardianship system is intentionally structured with safeguards to protect against abuse. The court is not only the appointing authority—it continues to supervise the guardian’s activities long after the initial order is entered.
Key protections include:
- Clerk of Court Audits of financial accountings
- Mandatory Training for professional and family guardians
- Judicial Review of petitions involving money, property, or gifts
- Bonds or restricted depository requirements for asset protection
If these safeguards are ignored or manipulated, the court has wide discretion to act. Under Fla. Stat. § 744.474(4), a guardian may be suspended or permanently removed for financial misconduct, and the court can issue orders to recover property, freeze accounts, or refer the matter for criminal prosecution.
Possible Outcomes in Financial Misuse Cases
Depending on the evidence and the circumstances, Florida courts may:
- Remove the guardian and appoint a replacement
- Order restitution of misappropriated funds
- Impose fines or attorney’s fees
- Refer the case to law enforcement if criminal theft is suspected
- Revoke prior court approvals that were obtained through fraud
In some cases, courts may allow the guardian to remain in place but require additional oversight or restrict access to financial assets. Each case is highly fact-specific.
Why These Cases Require an Experienced Guardianship Attorney in Orlando
Guardianship cases are often emotional, especially when family members disagree. But when financial misconduct is involved—or even alleged—the legal consequences are serious. Whether you’re a concerned adult child, a sibling, or a guardian yourself, you need clear legal guidance.
As an Orlando Guardianship Attorney, I have decades of experience protecting both vulnerable wards and the family members who care about them. I take these cases seriously because I understand what’s at stake. You deserve to work with someone who knows how to interpret the court orders, prepare the filings, and make the strongest argument for your side.
If you’re involved in a guardianship dispute over finances, I encourage you to contact my office at 1-888-640-2999 to schedule a consultation. Let’s make sure the court hears your voice—and that your rights and your loved one’s future are protected.
Misusing A Ward’s Funds in Florida Frequently Asked Questions
What are the warning signs that a guardian is misusing a ward’s funds?
Common red flags include unexplained withdrawals, missing financial statements, sudden changes in spending, or a guardian who refuses to share records. If bills are going unpaid or the ward’s living conditions decline despite available funds, there may be cause for concern.
Can anyone challenge a guardian’s financial conduct?
Yes. Any “interested person,” such as a family member, friend, or even a care provider, can file a petition with the court. The petitioner must present credible concerns. Florida law gives the court authority to investigate and order corrective action if needed.
How do I request an audit of a guardian’s accountings?
You can file a motion with the probate division of the circuit court requesting a formal audit. The court may instruct the Clerk of Court to review financial reports and determine whether the guardian followed required procedures. If there are discrepancies, further hearings may follow.
What if the guardian is also a family member?
Family status does not exempt a guardian from legal duties. In fact, family guardians are often scrutinized more closely because personal interests may conflict with fiduciary responsibilities. Courts expect transparency regardless of who serves as guardian.
Can a guardian be prosecuted for stealing a ward’s money?
Yes. If the misuse rises to the level of theft or exploitation, the court may refer the case to law enforcement. Florida has elder abuse and exploitation laws that criminalize financial misconduct against vulnerable adults.
Is it possible to freeze a guardian’s access to accounts during an investigation?
Yes. The court can issue an emergency order to freeze access to the ward’s assets if there’s credible evidence of misuse. This typically requires a motion supported by affidavits or financial documentation showing irregular activity.
What if the guardian was acting in good faith but made a mistake?
Courts understand that honest mistakes can happen. If the guardian provides documentation, amends their reports, and cooperates with the court, penalties may be avoided. However, repeated or reckless behavior may not be excused.
Can multiple guardians be appointed to handle finances together?
Yes, but the court must approve this arrangement. Co-guardians must act jointly unless the order specifies otherwise. This can provide checks and balances but may also lead to conflict if they disagree.
What happens if a guardian refuses to provide accountings?
This is a violation of court orders. The court may issue a show cause order, require immediate compliance, and impose sanctions. Continued refusal may result in removal and further legal consequences.
Is it too late to act if the misuse happened years ago?
Not necessarily. If you have recently discovered wrongdoing and can provide evidence, the court may still allow a review. However, time limits may apply to certain actions, so it’s important to speak with a guardianship attorney promptly.
Call Beryl Thompson-McClary To Discuss Your Case
If you’re dealing with the financial misuse of guardianship funds—or if you’ve been accused and need legal defense—your next steps matter. I handle these issues every day for clients throughout Orange County, and I’m ready to stand with you.
Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
