Tampa Abusive Guardianship Attorney
In Florida, a court may appoint a guardian to oversee the financial and/or personal affairs of an incapacitated adult. Guardians serve in a fiduciary role. This means they are required to always act in the interest of their ward and not abuse their legal authority for their own benefit.
Unfortunately, we have seen far too many cases in recent years where guardians have ignored this legal responsibility. If you have a family member or loved one who is in this situation, our Tampa abusive guardianship attorney can help. Knudsen Law is a full-service Florida estate and probate law firm that can assist you in taking legal action against a guardian who is engaging in abusive, unethical, and illegal behavior, and work to ensure that the ward is protected from future acts of harm.
What Can Be Done to Stop an Abusive Guardian?
Guardianship abuse can take many forms. In many cases the abuse is financial. That is, the guardian misappropriates the ward’s assets for their own use or engages in other forms of financial exploitation. Other abusive guardianships involve the inflicting of physical or psychological harm against the ward. This can include isolating the ward from their family and friends or, in extreme cases, depriving the ward of access to medical care or basic necessities.
Florida courts can take a number of actions when presented with proof of an abusive guardianship. Some remedies include:
- removal of the guardian and appointment of a successor guardian;
- appointment of a co-guardian;
- limiting the guardian’s authority;
- terminating the guardianship, if the ward is no longer incapacitated;
- freezing the guardianship estate’s assets to restrict the guardian’s access to the ward’s property; and
- enforcing the ward’s rights to communication and visitation with others.
Keep in mind, in Florida a guardian must always act under the supervision and direction of the court. This means that guardians of the person must file periodic reports with the court detailing how the ward’s current needs are being met, and how any guardianship property is being managed or used for the ward’s benefit. If a guardian has failed to file these reports, or the reports themselves contain inaccuracies, that is often a red flag that guardianship abuse may be occurring.
Let Our Tampa Abusive Guardianship Attorneys Help You
Guardianship abuse is not something to keep quiet about. A guardian can effectively control a disabled adult’s entire life. With such power comes an obligation to ensure that guardians act within the bounds of their legal, ethical, and moral boundaries of their position. If you have any reason to suspect a guardian is not living up to those standards, you should not hesitate to take appropriate legal action.
Your first step should be to contact a qualified Tampa abusive guardianship lawyer. The team at Knudsen Law can sit down, review the ward’s current situation, and advise you on the best way to proceed. If you need to speak with someone right away, call us at (727) 398-3600 to schedule a consultation.
