Guardianship Litigation
Dedicated Advocates Protecting the Vulnerable From Exploitation
Guardianship litigation often arises when there are disputes over the necessity, suitability, or implementation of a guardianship, or when an interested party is working to remove a guardian or end an existing guardianship. At Kitroser Lewis & Mighdoll, we understand the sensitive nature of these legal conflicts and work diligently to protect the interests of individuals who may need guardianship as well as those contesting it. Our experienced attorneys are well-versed in Florida’s complex guardianship law and are committed to providing clear guidance and effective advocacy throughout the process.
Disputes Over the Necessity of Guardianship
A common issue in guardianship litigation is whether the individual in question (the “alleged incapacitated person”) truly requires a guardian. Guardianships are designed to protect individuals who are incapable of managing their own personal or financial affairs, often due to age, illness, or disability. However, declaring someone incapacitated is a serious legal matter and must be supported by clear and convincing evidence in Florida courts.
This high level of proof means that the evidence must be strong and persuasive, leaving little doubt as to the person’s incapacity. The court typically relies on medical evaluations and testimony from expert witnesses to determine whether the individual can make informed decisions. If family members or other interested parties disagree on whether guardianship is necessary, these disputes can lead to complex litigation.
Determining the Appropriate Type of Guardianship
In some cases, even if it is agreed that a person is incapacitated, disputes may arise over the type of guardianship that should be implemented. Florida law recognizes different forms of guardianship, including limited guardianship and plenary guardianship.
- Limited guardianship grants the guardian control over specific aspects of the individual’s life, such as medical or financial decisions, while allowing the person to retain some autonomy.
- Plenary guardianship provides the guardian with full authority over all aspects of the individual’s life and decisions.
Family members or interested parties may argue over which type of guardianship is most appropriate, especially when there is a concern about preserving the person’s dignity and independence. These disputes require careful legal analysis and advocacy to ensure that the guardian’s powers are no more restrictive than necessary.
Disputes Over Who Should Serve as Guardian
Even when no one argues that guardianship is not needed, disputes can arise over who should serve as the guardian. Florida law requires that the court appoint a guardian who is capable of acting in the best interests of the incapacitated person. Typically, family members are considered first for the role, but conflicts can occur if multiple family members seek the position or if there are concerns about a particular person’s qualifications to serve.
Factors that can influence the court’s decision include:
- The guardian’s relationship with the ward
- The guardian’s ability to manage the ward’s financial affairs
- The guardian’s understanding of the ward’s personal needs
In contentious cases, litigation may be necessary to determine the most suitable person to serve as guardian. We have extensive experience representing clients in these challenging family disputes, providing skilled advocacy to ensure that the court’s decision aligns with the best interests of the ward.
Removing a Guardian for Misconduct
Florida law also provides for the removal of a guardian under certain circumstances including if the appointed guardian is found to have engaged in misconduct, such as conviction of a felony or crime of dishonesty, financial exploitation of the ward, or physical abuse or neglect of the ward.
The removal process requires strong evidence, which may include testimony from witnesses, financial records, or other documentation that proves misconduct. The guardian’s removal is not taken lightly, and courts carefully review all claims to protect the ward’s welfare. Our firm helps families pursue the removal of guardians who have violated their responsibilities, ensuring that the ward’s rights and safety are preserved.
At Kitroser Lewis & Mighdoll, we handle guardianship litigation with the utmost care, guiding families through these difficult processes while vigorously advocating for the appropriate outcome. Whether you are seeking to establish guardianship, contest a petition, or remove a guardian, our experienced attorneys are here to provide you with trusted legal advice and skilled representation.
Contact our office, by calling 561-721-0600 or sending an email to schedule a consultation and learn how we can assist you with your guardianship litigation needs.