Steps to Take When Guardians Misuse Their Authority

Guardianship is meant to protect vulnerable individuals who can no longer manage their own affairs. This authority could be put in place due to age, illness, or disability. But while many guardians act in their ward’s best interests, some misuse their authority, leading to financial exploitation or neglect.

If you suspect a guardian of misconduct, it’s crucial to take immediate action. Talk to a Pompano Beach estate litigation lawyer to protect the ward and hold the guardian accountable.

Examples of Guardianship Misconduct

While most guardians are honorable and serve with integrity, others do not. Misconduct by guardians can take many forms. Often misconduct will include one or more of the following.

• Misappropriation of funds. A guardian who withdraws money from the ward’s accounts should not be doing so for personal gain or to make investments that aren’t helpful to the ward.
• Failure to provide basic care. It is an unfortunate reality that some guardians neglect their duties and do not provide appropriate medical care, food, or living conditions.
• Unauthorized transactions. Charging excessive fees, making questionable financial decisions, or failing to maintain records of expenditures can indicate abuse. All financial transactions should be documented so there is a clear understanding of how the ward’s assets are being used.
• Isolating the ward. In some cases, a guardian may prevent family members from visiting or communicating with the ward. When a guardian knows they are not fulfilling their duties effectively, this isolation may be done to avoid scrutiny.

When a person believes a guardian is abusing their authority, a good place to start is by documenting any suspicious behavior or financial discrepancies. Keep copies of bank statements, medical records, and communications that indicate wrongdoing.

In the state of Florida, you can also report guardianship abuse to various state agencies or the Court. Law enforcement may get involved if criminal activity is suspected. There is also the possibility of filing a petition with the probate Court to remove the guardian. The Court will review the case and if the claims are substantiated the Court may move forward with appointing a new guardian.

Recent Cases and Protecting the Rights of a Ward

High-profile cases of guardianship abuse have made headlines in recent years. One well-known example is the Britney Spears conservatorship case, where allegations of financial and personal exploitation led to substantial changes. Closer to home, Florida Courts have adjudicated cases where guardians were removed for stealing assets or failing to provide proper care.

To be a guardian is a significant responsibility, and when that authority is misused, it can have devastating effects. If you have witnessed indicators of misconduct, taking legal action promptly can prevent further harm. Consulting with an experienced Pompano Beach estate litigation lawyer can help you navigate the legal system and ensure the ward’s well-being is prioritized.

What questions do you have about guardianship? When you need assistance addressing guardianship concerns, contact the seasoned legal professionals at Mark R. Manceri, P.A. To explore your legal options, schedule a confidential consultation today.