Florida Estate Planning Lawyer Blog

A Florida guardian may be appointed to exercise limited or total powers over a ward (minor, elderly or incapacitated person). There are times when a Jacksonville guardian appointed by the court has failed to act in the best interest of the ward. If a Jacksonville Guardian fails to ensure that the ward is being properly cared for or is not managing the ward's property and assets in a responsible manner, a family member, friend or interested person may have to take action.

Consulting with a Jacksonville Guardianship Attorney may be the first step needed to rectify a frustrating situation, when you feel powerless to protect a ward. The Florida statutes allow for a proceeding to remove a guardian upon a showing that one of the proscribed reasons has been met. Reasons for removal, among several, may be when a guardian has abused his or her powers, has wasted or mismanaged the ward's property or when a conflict has developed between the guardian and the ward.

To obtain information about the procedure for removal of a guardian or how to terminate a guardianship, it is best to discuss your situation with a Jacksonville Estate Planning Law Firm who has experience in guardianship matters.

Ripoll v. Comprehensive Personal Care Services Inc., 963 So.2d 789 (Fla. 3rd DCA July 18, 2007)

The Florida guardianship court has the inherent authority to monitor a guardianship and to take action it deems necessary to preserve the assets for the benefit of the beneficiaries, including the authority to issue temporary injunctions freezing assets claimed to belong to a guardianship even though ultimate ownership of those assets may be in dispute.

In Jacksonville Florida and other Florida counties, your Florida Guardianship Attorney will help the ward present information to court. The court has the option to appoint any person who is qualified to act as a guardian. Florida Statutes, Section 744.312 requires the court to give preference to any person who is related by blood or marriage to the ward.

In addition the Florida Court must also consider the wishes of the incapacitated person as to who shall be appointed guardian. This can be troublesome to the Florida court as the incapacitated person might wish to have a Florida Guardian who is not appropriate for the ward (themselves). The statutes require that the court consider the preference of the incapacitated person but the Florida court is not required to appoint the person requested by the ward.