How To Contest A Guardianship In Florida

A guardianship gives one person, the guardian, legal authority to make decisions for another person, the ward, who has been deemed unable to manage their own affairs. In Florida, guardianships are governed by Chapter 744 of the Florida Statutes, which outlines how they are established, monitored, and challenged. While guardianships are sometimes necessary and appropriate, they are also among the most serious legal arrangements a court can impose, because they can strip a person of the right to make their own decisions about finances, healthcare, and daily life.

Not every guardianship is the right fit, and not every guardian acts in the ward’s best interest. If you believe a guardianship should not have been granted, that the wrong person was appointed as guardian, or that an existing guardian is not fulfilling their responsibilities, you may have grounds to contest it. But the process can be complicated, and knowing what to expect matters.

Reasons Someone Might Contest a Guardianship

There are several situations in which a guardianship might be challenged in Daytona Beach or Volusia County:

The alleged incapacitated person was not truly incapacitated, or the evaluation process was flawed.
A less restrictive alternative, such as a power of attorney or health care surrogate designation, would have been sufficient and was not considered.
The appointed guardian has a conflict of interest, a history of misconduct, or is otherwise unsuitable.
The guardian is failing to properly manage the ward’s finances or personal care.
The ward’s condition has improved and a guardianship is no longer necessary.
Family members or other interested parties were not properly notified when the guardianship was established.

Florida law recognizes that guardianships should be the last resort, and that courts should always look for the least restrictive option available to protect a person’s wellbeing.

The Process for Contesting a Guardianship

Florida law gives interested persons, which can include family members, close friends, and the ward themselves, various ways to challenge a guardianship. Under Section 744.367 of the Florida Statutes, any interested person may file written objections to a guardian’s annual report within 30 days of it being filed. This is one avenue for raising concerns about how a guardian is managing their responsibilities on an ongoing basis.

Beyond annual report objections, there are other formal legal avenues for challenging a guardianship. A petition can be filed to modify or terminate the guardianship if circumstances have changed. If you believe the initial appointment was improper, that avenue requires demonstrating that proper legal procedures were not followed or that the determination of incapacity was not supported by the evidence. These proceedings require court hearings, documentation, and a clear presentation of your position.

It is worth knowing that the alleged incapacitated person retains certain rights even after a guardianship is established. Under Section 744.1095 of the Florida Statutes, the ward has the right to remain silent and refuse to testify at a hearing, among other protections. These rights matter and should not be overlooked.

Ready to Take Action? Contact Our Firm

Contesting a guardianship is not a simple matter, and the stakes for the person at the center of it are high. If you have concerns about an existing or proposed guardianship in Daytona Beach or Volusia County, speaking with an experienced attorney is an important step. At Bundza & Rodriguez, P.A., our Daytona Beach guardianship lawyers are ready to listen to your situation and help you understand what options may be available. Contact us today for a free consultation at 386-252-5170.

Source:

flsenate.gov/laws/statutes/2024/744.367