Understanding When Courts Step In to Protect Vulnerable Adults and Their Assets
Conservatorship Cases in Orlando and Throughout Orange County
Living in Orlando, I see firsthand how families face difficult decisions when a loved one can no longer manage their personal or financial affairs. Florida law provides several legal tools to help protect vulnerable adults, one of which is conservatorship. A conservatorship is a court-supervised process allowing someone to manage the property or finances of a person who cannot do so themselves.
I’m Attorney Beryl Thompson-McClary, an experienced Orlando Conservatorship Attorney who represents families and individuals involved in these sensitive matters. If you’re unsure whether a conservatorship is necessary for your loved one—or you believe a conservatorship has been wrongly sought—call my office at 1-888-640-2999 to schedule a consultation. I handle contested and uncontested conservatorship cases across Orange County, ensuring that rights are protected and that the court only grants conservatorship when legally justified.
Understanding Conservatorship Under Florida Law
While guardianship is more commonly used in Florida, conservatorship applies in certain cases, particularly when an absentee’s property needs protection. Under Florida Statutes Chapter 747, a conservator may be appointed when a person is missing, detained, or otherwise unable to manage their property. This differs from guardianship under Chapter 744, which primarily focuses on decision-making for incapacitated persons present in Florida.
In both situations, the core issue is whether someone’s ability to manage their assets is compromised, and whether court intervention is necessary to prevent loss or exploitation. As an Orlando Conservatorship Attorney, I help clients understand when conservatorship is legally appropriate and guide them through the process of petitioning or contesting an appointment.
When Is a Conservatorship Necessary?
Conservatorship is not the first step in every situation involving diminished capacity or absence. Florida courts view conservatorship as a last resort, to be used only when less restrictive measures will not work. A court may find conservatorship necessary when:
- A person is missing due to disappearance or military deployment and cannot manage their property.
- An individual has been detained or imprisoned outside the state, leaving assets at risk.
- A vulnerable adult is under significant threat of financial exploitation and lacks existing protective arrangements such as a power of attorney or trust.
The key question is whether immediate court involvement is required to protect property or funds from waste, loss, or mismanagement.
Who Can Petition for a Conservatorship in Florida?
Under Florida Statutes § 747.031, an interested party may petition the court to appoint a conservator. This includes:
- Spouses or next of kin of the absentee person
- Any person who would be entitled to the absentee’s property if they were deceased
- Creditors or business associates with a financial interest in protecting the absentee’s property
- Any person demonstrating concern for the welfare of the absentee’s estate
As your Orlando Conservatorship Attorney, I prepare and file petitions on behalf of families who need a temporary solution to protect a loved one’s assets while they are unable to act. I also represent those who wish to challenge unnecessary petitions to prevent unwarranted control over property.
Determining Incapacity or Absence Under Florida Law
In traditional guardianship proceedings, courts assess incapacity under Florida Statutes § 744.331, which involves appointing an examining committee and holding a hearing. In conservatorship cases, the focus is on proving the person is “absent” as defined under Chapter 747, meaning:
- They have been missing for a continuous period, typically over five years, with no contact or known whereabouts.
- They are outside the United States or detained by foreign authorities or military action.
- They cannot return to Florida or manage their property in the foreseeable future.
The petitioner must present evidence of the absence and show that property or funds require immediate management. If the court is convinced, it may appoint a conservator with authority to collect rents, pay debts, invest funds, and protect assets until the absentee’s return.
The Legal Standards for Appointment
Courts are cautious about granting conservatorship because it takes away significant control from the absentee individual. Florida law requires:
- A verified petition outlining the facts of the absence
- Notice to interested parties, including heirs and creditors
- Proof that no other arrangements are sufficient to protect the property
- Evidence of the absentee’s last known residence, dependents, and assets
The court may hold hearings, receive testimony, and review sworn affidavits before issuing a conservatorship order. The goal is to ensure conservatorship is necessary, narrowly tailored, and supervised to avoid abuse.
Duties and Powers of a Conservator
Once appointed, a conservator is a fiduciary under Florida Statutes § 747.033, meaning they must act solely in the best interests of the absentee. Their responsibilities may include:
- Securing property and ensuring insurance coverage
- Collecting income from investments, rentals, or businesses
- Paying debts and taxes on time
- Filing annual accountings with the court under § 747.036
- Preserving assets for eventual return to the absentee or rightful heirs
If a conservator mismanages funds or breaches their duties, interested parties can petition the court for removal or damages. As an Orlando Conservatorship Attorney, I represent clients seeking to hold conservators accountable for misconduct or negligence.
Alternatives to Conservatorship
Florida law favors less restrictive alternatives whenever possible. These may include:
- A valid durable power of attorney allowing someone to manage assets temporarily
- Establishing a trust to handle financial affairs
- Court-appointed trustees for specific property interests
I advise clients on whether these tools may work instead of conservatorship. Courts will not grant conservatorship if another viable legal arrangement is already in place to protect property.
Consequences of Conservatorship Orders
Conservatorship is a significant legal action. It creates a court-supervised process that limits the absentee’s ability to control their property until the order is lifted. It can impact inheritance, contractual relationships, and business operations.
If the absentee returns or is later located, Florida Statutes § 747.046 provides a process to terminate the conservatorship and return all property. If the absentee is declared deceased, the conservatorship transitions to probate administration.
Families considering conservatorship should understand that while it is protective, it can also be restrictive, and court oversight continues until termination.
How I Help as an Orlando Conservatorship Attorney
Every conservatorship case is unique, requiring careful review of facts, assets, and family circumstances. My role is to ensure that:
- The legal standards under Florida law are properly met before a conservatorship is established.
- The process respects the rights of the absentee or incapacitated person.
- The appointed conservator is trustworthy, qualified, and accountable.
- Court supervision is maintained to protect assets from misuse.
I represent petitioners seeking conservatorship, heirs or family members wishing to challenge unnecessary petitions, and interested parties who need to monitor an appointed conservator’s actions.
If you are facing this issue in Orlando or anywhere in Orange County, call 1-888-640-2999 to discuss your options.
FAQs – Conservatorship in Florida
What is the difference between guardianship and conservatorship in Florida?
Guardianship typically applies when a person is present but mentally or physically unable to make decisions, while conservatorship applies mainly when someone is missing, detained, or otherwise unable to manage property due to absence. Both are court-supervised and designed to protect vulnerable individuals and their assets.
How long does a conservatorship last in Florida?
Conservatorship continues until the absentee returns, is located and able to manage their property, or is declared legally deceased. In some cases, courts may periodically review the conservatorship to determine if it is still necessary.
Can anyone petition for conservatorship?
Only “interested persons” with a legal or financial interest in the absentee’s property can petition. This usually includes family members, heirs, creditors, or business partners who stand to lose financially if assets are left unmanaged.
Is a conservator allowed to sell property?
A conservator may sell property, but only with court approval and only if it is in the best interest of preserving or maintaining the estate. Major decisions are closely monitored to prevent misuse of authority.
What happens if the absentee returns to Florida?
The conservatorship ends immediately upon proof that the absentee is alive and capable of managing their property. The conservator must return all remaining assets, provide an accounting to the court, and the case will be formally closed.
Can a conservatorship be contested?
Yes. Interested parties can object to the appointment of a conservator or petition to end an unnecessary conservatorship. Grounds for contesting include lack of evidence of absence, availability of less restrictive alternatives, or unfitness of the proposed conservator.
What oversight does the court have over a conservator?
Conservators must file inventories and annual accountings of all property transactions. The court reviews these reports and may order hearings or remove conservators who fail to perform their duties properly.
Does conservatorship affect inheritance rights?
Conservatorship does not change legal heirs or inheritance rights. However, mismanagement of assets can reduce the value of the estate, which is why strict court supervision and the right attorney representation are essential.
Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if you are considering a conservatorship or facing a dispute over one in Florida. I represent families and interested parties throughout Orange County, ensuring property is protected and legal rights are preserved.
