Guardianship proceedings are sometimes described as though everyone involved agrees that a person is incapacitated and simply needs someone appointed to help.

Many cases are not that simple.

Families may strongly disagree over whether guardianship is necessary, the extent of a person’s incapacity, who should serve as guardian, whether existing estate-planning documents are sufficient, or how a vulnerable person’s assets and care should be managed.

At The Gigele Law Firm, our attorneys represent clients in contested guardianship and incapacity matters throughout Martin, St. Lucie, and Palm Beach Counties.

What Can Be Contested in a Florida Guardianship?

A guardianship proceeding may involve disputes over:

  • whether the individual is incapacitated;
  • the degree of incapacity;
  • which rights should be removed;
  • whether guardianship is necessary;
  • whether less restrictive alternatives are sufficient;
  • validity or adequacy of a durable power of attorney;
  • validity or adequacy of a trust;
  • who should be appointed guardian;
  • suitability of a proposed guardian;
  • financial exploitation;
  • healthcare and placement decisions;
  • management of property;
  • actions taken by an existing guardian; or
  • whether a guardian should be removed.

Challenging a Finding of Incapacity

Filing a Petition to Determine Incapacity does not make someone incapacitated.

Florida requires partial or total incapacity to be established by clear and convincing evidence. The court must consider the person’s unique needs and abilities and may remove only rights the person lacks capacity to exercise.

The alleged incapacitated person is represented by counsel and is evaluated by a three-member examining committee.

The medical and functional evidence therefore matters.

Disputes Over Who Should Serve as Guardian

Sometimes all parties agree that guardianship is necessary but cannot agree about who should serve.

Competing candidates may include:

  • adult children;
  • spouses;
  • siblings;
  • other relatives;
  • friends;
  • professional guardians; or
  • other qualified fiduciaries.

A proposed guardian’s relationship with the individual, qualifications, conflicts of interest, history, financial interests, and ability to perform the role can all become important.

Guardianship vs. Power of Attorney or Trust

One of the central disputes in many cases is whether guardianship is necessary at all.

Florida law requires the court to consider whether an alternative to guardianship sufficiently addresses the individual’s needs. If an adequate alternative exists, a guardian may not be appointed to exercise those delegable rights.

However, an estate-planning document may itself become disputed.

Questions may arise about:

  • validity;
  • capacity when the document was executed;
  • undue influence;
  • whether the document covers the relevant assets;
  • whether the fiduciary is actually performing required duties; or
  • whether the agent or trustee is abusing authority.

Discovery and Evidence in Contested Guardianship Cases

Contested proceedings may involve evidence such as:

  • medical records;
  • examining committee reports;
  • financial statements;
  • banking records;
  • estate-planning documents;
  • deeds;
  • investment records;
  • communications between family members;
  • testimony from caregivers;
  • testimony from healthcare professionals;
  • records concerning gifts or transfers; and
  • testimony from the alleged incapacitated person.

The issues can therefore resemble traditional civil litigation even though the proceeding occurs in the guardianship division.

Financial Exploitation and Contested Guardianship

Allegations of exploitation frequently intensify guardianship disputes.

A family member may contend that another person has:

  • taken money;
  • procured unusual gifts;
  • isolated the vulnerable adult;
  • misused a power of attorney;
  • transferred property;
  • changed financial arrangements; or
  • exercised undue influence.

These allegations require careful factual development. Guardianship should protect a vulnerable adult—not become a tactical weapon in an ordinary family disagreement.

Removing an Existing Guardian

Contested proceedings can also arise after appointment.

Florida law recognizes numerous potential grounds for removal, including abuse of powers, failure to discharge duties, failure to comply with court orders, mismanagement of property, and certain conflicts of interest.

Read more about Removing a Guardian in Florida.

Experienced Guardianship Litigation Counsel

The Gigele Law Firm’s guardianship practice includes both administration and litigation.

Collectively, our attorneys bring more than 30 years of legal experience, including significant litigation experience involving capacity questions, fiduciary disputes, estate-planning documents, and contested probate and guardianship matters.

If you are involved in a disputed guardianship, call (772) 222-6548 to discuss your matter with our Florida guardianship attorneys.