Understanding Statutory Eligibility, the Role of Interested Persons, and the Court’s Decision-Making Process
Conservatorships and Guardianships in Orlando – Who Has the Right to Ask for One?
In Orlando, families sometimes face difficult situations when an adult can no longer manage their finances, property, or personal care. While Florida uses the legal term “guardianship,” many people refer to property-focused arrangements as “conservatorships.” The process begins when someone petitions the court, but not just anyone can file. Florida law sets clear rules on who is eligible and what proof the court must have before removing someone’s rights.
As an Orlando Conservatorship Attorney, I’ve represented both petitioners and individuals contesting these actions. If you believe a loved one needs legal protection—or if you’re concerned about a petition being filed against you—it’s important to understand who can petition and how the court decides. If you have questions, you can call me at 1-888-640-2999 to discuss your options.
Statutory Eligibility to Petition for Conservatorship in Florida
Florida’s guardianship statutes, found in Chapter 744 of the Florida Statutes, outline who may petition for a guardianship (or conservatorship). Under § 744.3201, the following may file:
- An adult person who believes another individual is incapacitated and in need of a guardian
- An “interested person”—defined broadly as anyone who has a concern for the alleged incapacitated person’s welfare or property, which can include family members, friends, neighbors, or professionals
- A state or local agency charged with the care of vulnerable adults, such as the Florida Department of Children and Families (DCF) or Adult Protective Services
In practice, most petitions are filed by adult children, spouses, siblings, or other close relatives. However, I have handled cases where friends, neighbors, financial advisors, or healthcare professionals initiated the process after seeing signs of incapacity or exploitation.
The Role of “Interested Persons” in Florida Law
Florida law’s definition of an “interested person” is intentionally broad. This ensures that vulnerable adults can be protected even when they have no immediate family or when family members are the ones causing harm.
An interested person could be:
- A long-time neighbor who notices unpaid bills and unsafe living conditions
- A pastor or clergy member concerned about a congregant’s mental decline
- A financial planner who sees sudden, unexplained withdrawals
- A distant relative who learns of suspected abuse or neglect
The court’s main concern is whether the petitioner has a genuine interest in the person’s well-being—not whether they stand to inherit or benefit financially. However, conflicts of interest are examined closely, and the petitioner’s motives can affect how the court views the case.
How the Court Evaluates a Petition
Once a petition is filed, the court does not automatically appoint a guardian or conservator. Instead, it follows a strict evaluation process:
- Petition Review
The court first ensures the petition meets all statutory requirements—this includes specific allegations of incapacity and supporting facts. - Appointment of Counsel
The alleged incapacitated person (AIP) is entitled to an attorney. If they cannot afford one, the court will appoint counsel to protect their rights. - Examining Committee
Under § 744.331, the court appoints an examining committee of three members—often including a physician, a psychologist, and a social worker. They assess the person’s ability to manage property, health care, and other personal matters. - Hearing
A formal hearing is held where evidence from the examining committee, witnesses, and the petitioner is presented. The AIP can testify, present evidence, and call witnesses. - Court Decision
The judge determines whether the person is incapacitated and, if so, whether a guardian should be appointed. The court must also consider less restrictive alternatives, such as a power of attorney or trust, before granting a guardianship or conservatorship.
Balancing Protection with Rights
Florida courts take guardianship petitions seriously because they can remove fundamental rights from an adult. Judges are careful to ensure that:
- The petitioner has standing under the law
- The evidence supports incapacity
- The appointment is necessary and no less restrictive alternative will work
- The proposed guardian is qualified and without conflicts of interest
In some cases, the court may appoint a limited guardian—similar to a limited conservator—so the person retains control over certain decisions. This approach respects the individual’s autonomy while still providing protection in areas where they need it.
How an Orlando Conservatorship Lawyer Can Help
Whether you’re considering filing a petition or you’ve been served with one, having an experienced attorney is critical. I help petitioners prepare strong, fact-based cases that meet statutory requirements. I also defend individuals against unwarranted petitions by challenging the evidence, presenting alternative solutions, and protecting their rights at every step.
If you’re in Orlando or anywhere in Orange County and have concerns about a potential conservatorship case, call 1-888-640-2999 to schedule a consultation. Acting early can make a major difference in the outcome.
Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you have questions about petitioning for conservatorship in Florida or defending against a petition, call us. We represent clients on both sides of these complex cases throughout Central Florida.
