When families disagree over the care of a loved one in a guardianship, disputes can arise that require guardianship litigation. Commonly contested matters in guardianships include the following:
- Who would best serve as guardian?
- Is the ward actually incapacitated?
- Has the appointed guardian been negligent in his or her duties?
- Has the guardian has stolen money from or abused the ward in some way?
Published Order from the 4th DCA
A senior or family member may contest the guardianship for any of the above reasons. When more than one family member has petitioned for the guardianship role, a contested guardianship hearing may be necessary to determine the best choice of guardian.
The purpose of guardianship litigation in Florida would be to prove wrongdoing, such as forcing a loved one into a guardianship when it is not necessary to gain control of assets.
Legal Use of Guardianships
Establishing guardianships may also be a way of recovering stolen assets if there were abuses of powers of attorney or joint accounts or undue influence over the senior to alter estate planning. Through guardianships, evidence can be gathered and original beneficiary designations can be restored. Emergency guardianships could also be used to protect a senior from harm if he or she was being subjected to physical or financial abuse.
Guardianships for Minors
While the majority of guardianship litigation cases we handle at attorney Steven K. Schwartz, P.A. involve senior citizens, minors’ guardianships also at times require litigation. When a minor’s parents are deceased, incapacitated or otherwise unable to care for the minor, guardianship litigation may become necessary to protect the minor’s interests if a substantial estate is involved.
Questionable Guardianships
- A young woman was severely injured in a car accident and, while in the hospital, her parents arranged immediately to set up a guardianship for her. By the time our lawyer visited her, she was no longer incapacitated, and the doctor predicted a full recovery.
- An elderly woman came to our office to discuss the matter of guardianship. She was alert, could sign papers, drove herself and was clearly capable of managing her own affairs. Her family was trying to force a guardianship on her under the pretense that she was incapacitated. She didn’t need a guardian. Because the filing was in bad faith, she recovered her attorney fees.
Arrange a Consultation
If you or a family member is concerned about resolving legal issues involving guardianships, we encourage you to arrange a consultation with our lawyer Steven K. Schwartz. He will thoroughly explain the law, your legal options and offer excellent guidance in assisting you to make informed decisions regarding what is in your best interests. Please email or contact our office at (305) 936-8844 to arrange a consultation.
