How an Orlando Guardianship Attorney Can Help Families Resolve Disputes and Protect Loved Ones Under Florida Law
Orlando, Florida is known not just for its vibrant attractions, but for being home to thousands of multi-generational families. As our population ages, many adult children face the difficult decision of how to care for a parent who can no longer manage their personal or financial affairs. When family members agree on how to proceed, the process of obtaining guardianship may be straightforward. But when there’s conflict — when siblings disagree over who should serve as guardian or whether guardianship is even necessary — the issue becomes deeply emotional and legally complex.
As a Guardianship Attorney in Orlando, I have represented individuals on both sides of these disagreements. Some are concerned that a sibling is unfit or is financially motivated. Others are defending their right to care for a parent they love. My goal is to ensure that the elderly individual’s best interests are legally protected while guiding families through a very difficult time.
I’m Attorney Beryl Thompson-McClary, and I represent clients throughout Orange County, Florida. If you’re facing a dispute over a loved one’s guardianship, I encourage you to call my office at 1-888-640-2999 to schedule a consultation. These matters are often urgent, and waiting can worsen the situation.
What Is Guardianship and When Is It Necessary in Florida?
Under Florida law, guardianship is a legal relationship created when a court appoints a person (the guardian) to make decisions for another person (the ward) who has been found legally incapacitated.
In many cases, guardianship becomes necessary when an elderly parent can no longer make sound decisions about their health, finances, or safety — whether due to Alzheimer’s, dementia, stroke, or another form of cognitive decline. The process begins with a petition for incapacity and, if granted, leads to a court-appointed guardian under Florida Statutes Chapter 744.
Unfortunately, families don’t always agree on the need for guardianship — or who should serve in that role.
Common Disputes in Guardianship Proceedings
As an Orlando Guardianship Attorney, I’ve seen several recurring points of conflict when adult children or relatives disagree about an elderly parent’s care:
- One child believes guardianship is needed, while another insists the parent is still competent.
- Multiple siblings want to be named guardian.
- One sibling accuses another of financial exploitation or neglect.
- Extended family members feel the children are not acting in the parent’s best interest.
- There is a power of attorney in place, but someone claims it is being abused.
These disputes aren’t just legal — they’re personal. Family members bring years of history, emotion, and sometimes resentment into the courtroom.
Legal Framework: Florida’s Guardianship Statutes
The guardianship process in Florida is governed primarily by Chapter 744 of the Florida Statutes. When someone files a petition to determine incapacity, the court must appoint an examining committee — a panel of three qualified professionals — to evaluate the elderly individual. The committee reports back to the court on whether the person lacks the capacity to manage some or all aspects of life.
If the court finds incapacity, it must then decide whether a guardian is necessary and, if so, who should be appointed.
Section 744.312, Florida Statutes, outlines the factors courts must consider when appointing a guardian. These include:
- The proposed guardian’s ability to manage the ward’s affairs
- Any potential conflicts of interest
- The expressed wishes of the alleged incapacitated person
- The guardian’s criminal history or past behavior
The statute makes clear that the court must always act in the best interest of the ward — not the children, not the petitioner, not the family at large.
Who Gets Appointed Guardian When Family Members Disagree?
When family members cannot agree, the court steps in as the final decision-maker. As your attorney, I would present evidence showing why my client is the best person to serve — or, in some cases, why another family member is not suitable.
If the judge determines that no family member can serve impartially or responsibly, the court may appoint a professional guardian. This is sometimes the best option when the conflict is deep and threatens the ward’s safety or well-being.
It’s important to know that the court is not obligated to give priority to adult children. The person appointed must be competent, willing, and capable of acting in the ward’s best interest. Evidence of financial mismanagement, elder abuse, or family conflict can easily sway the court.
When the Elderly Parent Resists Guardianship
Disagreements are not always between children. Sometimes, the elderly parent resists the idea that they need help at all. Under Florida law, they have a right to legal counsel, to present evidence, and to attend the hearing. This makes the process emotionally and legally challenging.
As an Orlando Guardianship Attorney, I’ve worked with families where the parent was in clear need of protection but fiercely opposed to losing independence. I’ve also worked with elderly clients who were wrongly targeted by relatives with financial motives.
Each side deserves to be heard, but ultimately the law demands that the elderly individual’s capacity and safety be the focus — not family politics.
The Importance of Representation on Both Sides
Whether you’re the adult child seeking guardianship or the family member being challenged, your voice matters. These proceedings affect not just legal rights but your relationship with your parent — and with your family.
I’ve helped responsible children obtain guardianship to protect a vulnerable parent, and I’ve also defended individuals wrongly accused of misconduct. Every guardianship case I handle is built on thorough evidence, compassion, and a deep understanding of Florida’s legal process.
If you’re in Orange County or anywhere in the Orlando area and you’re facing this issue, call my office at 1-888-640-2999 to schedule a consultation. The earlier you get sound legal guidance, the better you can protect both your loved one and yourself.
Key Legal Ramifications Under Florida Law
Once a guardian is appointed, the person under guardianship loses some or all of their civil rights, depending on the scope of the ruling. That can include the right to vote, marry, manage finances, make medical decisions, or even decide where to live. Florida guardianship is not a casual or symbolic status — it carries serious consequences.
This is why the process is heavily scrutinized and monitored. Guardians are required to:
- File annual reports on the ward’s finances and well-being
- Obtain court approval for major decisions
- Act solely in the best interests of the ward
Under Florida Statutes § 744.368, failure to meet these obligations can result in removal, fines, or even criminal charges.
How I Can Help Your Family Move Forward
Guardianship disputes are difficult. They involve emotions, money, and the fear of losing someone you love. As an experienced Guardianship Attorney in Orlando, I work closely with clients to assess capacity, gather evidence, present witnesses, and advocate in court.
I understand how delicate these matters are. My role is not just legal — it’s personal. I work hard to guide you through the legal process with clarity, so you know your rights, understand what to expect, and have a strong advocate by your side.
No matter which side of the dispute you’re on, I can help you present your case and protect your family’s future.
FAQs About Disputes Over Elderly Guardianship in Florida
What if I believe my sibling is exploiting our parent financially but the rest of the family disagrees?
You have the right to file a petition for guardianship or contact Adult Protective Services to report suspected abuse or exploitation. If you can show that your parent lacks capacity and is being harmed, the court may intervene.
Can more than one sibling be named co-guardians?
Yes, courts in Florida can appoint co-guardians. However, it only works well when the parties can cooperate. If there’s a history of conflict, the court may prefer to appoint just one guardian or a professional guardian to avoid further disputes.
What happens if our parent has a valid power of attorney?
A valid power of attorney can reduce the need for guardianship — but only if it’s being used appropriately. If there’s evidence the agent under the POA is mismanaging funds or abusing authority, a guardianship can override it with court approval.
How long does it take to resolve a contested guardianship case?
It varies. If everyone agrees, it can take a few weeks. If the matter is contested and evidence must be presented, it could take several months. The court may appoint an emergency temporary guardian if immediate action is needed.
Can the court deny guardianship altogether?
Yes. If the examining committee finds that the elderly individual retains legal capacity, or if the petitioner fails to meet the legal burden of proof, the court will not impose guardianship. It’s critical to present clear medical and factual evidence.
What if our parent doesn’t want a guardian but is clearly not managing well?
This is one of the hardest situations. Your parent still has legal rights and can object in court. But if medical evidence supports incapacity and there’s real risk of harm, the court can override their objections for their safety.
What role does mediation play in family guardianship disputes?
Mediation is often used to resolve these disputes without a prolonged trial. It’s especially helpful when siblings disagree about who should serve as guardian or what type of guardianship is necessary.
Can guardianship be reversed?
Yes. If the ward’s condition improves or if a guardian is later shown to be unfit, the court can modify or terminate the guardianship under Florida Statute § 744.521.
Call Attorney Beryl Thompson-McClary For Legal Assistance
When your family is divided over your parent’s care, emotions can run high and mistakes can be costly. Protect your loved one — and yourself — with trusted legal guidance. Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.