How Florida Courts Resolve Guardianship Conflicts Among Relatives
Conservatorship Disputes in Orlando Families
In Orlando, conservatorship (legally known as guardianship under Florida law) often arises when an adult can no longer manage their own affairs due to age, illness, or disability. While the purpose is protection, the process can trigger intense family disputes. Relatives may disagree over whether conservatorship is needed at all—or who should serve as the conservator.
I’m Beryl Thompson-McClary, an Orlando Conservatorship Attorney. I’ve handled contested conservatorship cases across Orange County, and I know how painful these disputes can be. Families are already dealing with the stress of a loved one’s incapacity, and conflict only makes the process harder. My role is to help families resolve these disagreements while ensuring that the vulnerable adult’s rights and assets are protected. If your family is facing a contested case, call my office at 1-888-640-2999 for a consultation.
Why Do Family Disputes Arise in Conservatorship Cases?
Some of the most common reasons include:
- Disagreement over capacity. One sibling may believe the parent is incapacitated, while another insists they can still manage independently.
- Conflict over who should serve as conservator. Family members may compete for appointment, often influenced by strained relationships or financial concerns.
- Concerns about financial motives. Disputes often involve allegations that one relative is trying to gain control of assets for personal benefit.
- Historical family tensions. Longstanding conflicts can surface during conservatorship proceedings, fueling distrust.
Florida Law on Contested Conservatorships
Florida’s guardianship process is governed by Chapter 744, Florida Statutes. When a petition is filed, the court must:
- Notify the alleged incapacitated person (AIP) and interested parties
- Appoint an examining committee under § 744.331 to assess capacity
- Provide the AIP with counsel
- Hold a hearing where objections can be raised
If family members file competing petitions or objections, the court weighs the evidence and considers what arrangement best serves the ward’s interests.
How the Court Resolves Disputes
Judges in Florida follow specific principles when relatives disagree:
- Best interest of the ward. The court prioritizes the vulnerable adult’s well-being, not family preferences.
- Qualifications of the guardian. The court examines each proposed guardian’s financial responsibility, history of caregiving, and potential conflicts of interest.
- Neutral guardians. If disputes are severe, the judge may appoint a professional guardian instead of choosing one family member over another.
- Limited guardianships. Courts may impose limited authority to balance independence with protection, reducing conflict over control.
Evidence That Matters in Contested Hearings
In contested cases, the strongest evidence includes:
- Medical evaluations showing capacity or incapacity
- Financial records indicating risk of exploitation
- Witness testimony from caregivers, neighbors, or professionals
- History of financial mismanagement or neglect by proposed guardians
When I represent clients in contested conservatorships, I gather evidence carefully and present it clearly to the court. Strong documentation often resolves disputes more effectively than emotional arguments.
Emotional and Financial Costs of Family Conflict
These cases often divide families and drain resources. Court hearings, expert evaluations, and legal battles can become expensive. Worse, the ward may feel caught in the middle of family disagreements. My approach is to focus on practical solutions—sometimes through mediation—while preparing for litigation if necessary.
Why Legal Guidance Is Critical
Contested conservatorship cases are complex. Without experienced representation, families risk losing control of the outcome or allowing conflicts to escalate. As an Orlando Conservatorship Lawyer, I’ve helped families protect vulnerable adults while resolving disputes fairly under Florida law.
If your family is in conflict over conservatorship, call 1-888-640-2999 to discuss your options.
FAQs – Family Disputes in Florida Conservatorship Cases
Can multiple family members file petitions for conservatorship?
Yes. If several relatives file competing petitions, the court will evaluate each proposed guardian’s qualifications and select the person who will serve the ward’s best interests.
What if siblings disagree about whether guardianship is needed?
The court relies heavily on medical evaluations and the examining committee’s findings. If evidence shows the person can still manage their affairs, the petition may be denied.
Can the court appoint a professional guardian instead of a family member?
Yes. If family disputes are too severe or relatives have conflicts of interest, the court may appoint a neutral professional guardian.
Does the ward have a say in who becomes their guardian?
Yes. Florida law allows the alleged incapacitated person to express preferences, and the court considers those wishes when making appointments.
What if a guardian mismanages funds or abuses authority?
Any interested person can petition the court under § 744.474 to remove a guardian for misconduct, neglect, or financial mismanagement.
Can mediation help resolve family disputes in conservatorship cases?
Yes. Mediation often allows families to reach agreements without lengthy litigation, focusing on the ward’s needs rather than personal conflicts.
Call Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if your family is involved in a contested conservatorship case in Florida. We help clients protect their loved ones while resolving disputes with fairness and legal precision.
