How A Guardianship Law Specialist Can Help With Contested Guardianship

Guardianship is a vital legal tool for ensuring that the best interests of incapacitated persons are taken care of. In Florida, guardianship appointments are regularly made in a wide range of circumstances: for elderly people who have dementia or Alzheimer’s, for those with severe mental illness, and for those who are mentally disabled.

However, there are circumstances in which guardianship is problematic: in some cases, the criteria for guardianship have not actually been met; in others, the guardian is acting improperly and needs to be removed. Guardians have sweeping authority to make a wide range of decisions for those under their stewardship, so if you suspect a loved one’s guardian is abusing their powers, it’s important to act quickly. A guardianship law specialist can help you to understand whether you have grounds for contesting guardianship.

What Is Guardianship?

Guardianship is a legal arrangement that is established between two people: a guardian and their ‘ward’. Under Florida guardianship law, there are many different types of guardianship. If you think a loved one may need a guardian, a guardianship law specialist can advise you on the most appropriate arrangement for your loved one’s specific circumstances.

Guardians have the authority to make important decisions for their wards, and the scope of their powers varies depending on the kind of guardianship arrangement. In many cases, guardians are entitled to make decisions about their ward’s medical treatment, the management of their property, and where they reside. Since guardians are given such wide-ranging powers, they can only be appointed by a court. Guardians are duty-bound to always act in their ward’s best interests and to ensure that their needs are met. Any person who resides in the state of Florida can be appointed as a guardian, as long as they have not been convicted of a crime. Preference is usually given to family members, although in many cases a guardianship law specialist or professional guardian is appointed.

How Is Guardianship Established?

Guardianship is a serious limitation of a person’s rights and freedoms, as they will no longer be empowered to make decisions for themselves once a guardian has been appointed. For this reason, guardianship may only be established after certain requirements have been met. The person who seeks to be appointed as a guardian will need to bring a petition to court. It is a legal requirement that they be represented by a guardianship law specialist in these proceedings.

A petition for Guardianship must allege that the person in respect of whom guardianship is sought (called a ‘putative ward’) lacks the capacity to make decisions for themselves. Relevant evidence must be included. The court will then assemble a panel of psychiatrists, psychologists, physicians, social workers, or other qualified persons to determine whether the putative ward lacks capacity to such an extent that a guardianship appointment must be made. Based on the findings of the panel’s report, the court will decide through a hearing whether to grant a guardianship order.

Common Grounds On Which Guardianship Is Contested

Guardianship may be contested either during guardianship proceedings, or after a guardianship order has been granted. Any ‘interested party’ can contest a guardianship – a child, parent, sibling, or spouse of the ward, or the ward themselves. In all cases, a guardianship law specialist will need to represent you throughout the process, as only a court can remove a guardian or reverse a guardianship order. There are several reasons why guardianship may become contested, but we’ll look at the most common grounds for contesting guardianship below.

How Can A Guardianship Law Specialist Help You In Contested Guardianship Proceedings?

Guardianship law is a complex area of legal practice, and contesting a guardianship is even more complicated than uncontested guardianship appointments. Whether you’re a ward who wants to challenge the finding of incapacity against you, or a family member who wants to challenge a proposed guardian’s suitability, hiring a qualified guardianship attorney can give you peace of mind that your challenge will be meticulously prepared, accompanied by persuasive evidence, and supported by strong legal argument. A lawyer who has specialized in guardianship law will be able to advise you on whether you have adequate grounds to challenge guardianship, will handle all legal filings and correspondence with the court and other interested parties, and will ensure that your loved one’s best interests are represented every step of the way.

A guardianship law specialist can also help you to contest guardianship after an appointment has been made. For example, if an appointed guardian has been neglecting their duties to their ward, has been mismanaging their ward’s finances, or otherwise abusing their powers, a guardianship attorney can help you to bring a petition for the removal of your loved one’s guardian and for the appointment of an alternative. A guardianship attorney can also help you to obtain emergency relief, for example in circumstances where your loved one’s guardian is attempting to dispose of their assets and you need to obtain an asset freeze until they can be removed.

A Reputable Guardianship Law Specialist Is Here To Help

Whatever the reason for your decision to contest guardianship, the guidance of an experienced guardianship law specialist will be indispensable. Any kind of legal proceedings can be tricky to navigate, but guardianship matters are especially complex, and a lot is at stake. Hiring a reputable and compassionate guardianship attorney will give you peace of mind that your loved one’s best interests will be taken care of.

At Astor Simovitch, we have years of experience dealing with contested guardianship proceedings. We understand how stressful they can be, and we will do everything in our power to ensure that your challenge is successfully brought.

For highly experienced, trustworthy, and empathetic guardianship attorneys, contact us today at 561-419-6095.