Florida’s guardianship laws are designed to help protect those who cannot protect themselves. Family members and other concerned loved ones can seek guardianship of minor children and adults with incapacities to ensure that these individuals receive the care, compassion, attention and help they both need and deserve.
Oftentimes, families and loved ones will have differences of opinion regarding what is best for an incapacitated adult or minor child. In these circumstances, contentious disputes can lead to litigation. While we seek to help our clients reach amicable resolutions whenever possible, we also know when it is time to fight for our clients. If it is in you and your loved ones’ best interests to go to court, we will be fully prepared to vigorously represent you at trial.
Types of Guardianship Litigation We Handle
Miguelez Law represents clients in guardianship disputes and litigation throughout South Florida. Our firm’s founding attorney, Emmanuel Miguelez, has experience in cases involving:
Abuse of Ward
Allegations of abuse and neglect are common in guardianship litigation. While many of these allegations are legitimate and must be dealt with accordingly, in some cases, family members may falsely allege abuse or neglect in an attempt to terminate or modify a guardianship. We handle cases involving physical and financial abuse, and if necessary we can seek emergency relief in the Florida courts.
In Florida, a guardian has a legal obligation to manage the ward’s assets solely in the ward’s best interests. The guardian must inventory the ward’s assets, invest them appropriately (when applicable) and use them to provide for the maintenance and care of the ward. Guardians must file annual reports and seek court approval for certain financial transactions, and mismanagement of a ward’s assets can lead to removal of the guardian by the court.
Other Contested Matters
Along with abuse and asset mismanagement, there are numerous other issues that can lead to guardianship litigation. We can help you if:
• You are an adult and you do not wish to have a guardian appointed for you
• You have an adult relative who is facing guardianship and you do not believe he or she is legally incapacitated
• You wish to terminate your own or someone else’s guardianship
• You are concerned about a guardian’s motives or ability to provide adequate care for a ward
• You are a guardian (or are seeking to become a guardian) and are facing litigation with a ward’s family member or loved one
To get started, contact us for a free consultation.
If you would like to speak with an attorney about guardianships contact the Miami law office of Miguelez Law. For a free consultation with one of our experienced attorneys, call (305) 967-7412 or submit our contact form today.