When and Why Guardianship Litigation Becomes Necessary

Cases connected to guardianship can be deeply emotional and legally complex, often pitting family members against one another. These disputes often emerge when there are disagreements over who should be responsible for an incapacitated individual or how a guardian is managing their affairs. Seeking legal support is essential, talk to a Pompano Beach estate litigation lawyer to learn more.

Common Reasons for Guardianship Disputes

Just as individuals are unique, every case involving guardianship has its own specific considerations. This could include one or more of the following disagreements.

• Guardian selection issues. Family members may have conflicting opinions on who should serve as guardian. If multiple parties petition for guardianship, the court must decide who is best suited to care for the incapacitated person. Factors such as financial responsibility, personal history, and the ward’s best interests play a role in the court’s decision.
• Allegations of misconduct. A Guardian is entrusted with making important financial, medical, and personal decisions for their ward. If there are concerns about financial exploitation, neglect, or abuse, legal action may be necessary to remove the guardian and appoint a more suitable individual.
• Conflicts between family members. In blended families, sibling rivalries, or cases where distant relatives suddenly appear to claim authority, guardianship disputes can become particularly contentious. Family dynamics can escalate into full-blown legal battles over control of an incapacitated person’s assets and well-being.
• Disagreements over care. Even when a Guardian is already appointed, disputes may arise over the ward’s medical treatment, living arrangements, or financial management. Relatives who disagree with the guardian’s decisions may seek court intervention.

In one Florida case, a disagreement became a legal concern due to competing guardianship petitions. An elderly woman was diagnosed with dementia, and both of her children filed for guardianship. One child wanted her placed in a care facility, while the other wanted her to remain at home with in-home care. The Court had to evaluate the woman’s best interests and financial resources before appointing a Guardian.

Another dispute involving a man with Alzheimer’s centered around a disagreement over medical interventions. The man had two sons, one who supported a less aggressive treatment approach and another who wanted extensive medical interventions. The dispute led to Court involvement to clarify the Guardian’s authority.

 Why You Need an Attorney

Guardianship disputes require skilled legal representation to protect the rights of the ward and interested family members. A seasoned  Pompano Beach estate litigation lawyer who has represented clients in similar situations can guide you through court proceedings and present evidence on your behalf.

Any interested party can file a petition in probate Court to contest an existing guardianship or challenge a Guardian’s actions. If there is a clear issue, it is possible the Court will appoint an independent investigator to assess the ward’s situation, or the Court may encourage family members to resolve disputes through mediation.

Do you have questions about guardianship in the state of Florida? The legal professionals at Mark R. Manceri, P.A. are available to help. Schedule a confidential consultation today.