Tampa Guardianship Litigation Attorney
There are certain cases where a Florida court must appoint a guardian to act as a decision-maker for a child or an incapacitated adult. A guardian has a fiduciary duty to act in the best interest of their ward, i.e., the person under the guardianship. While most guardians act in good faith to carry out this duty, legal disputes may still arise over the guardianship and the guardian’s actions in particular.
If litigation does become necessary, it is important to seek out qualified legal counsel. A Tampa guardianship litigation attorney can review your case and advise you of your rights, whether you are a guardian, a ward, or an interested person looking out for the interests of the ward. Knudsen Law is a full-service Florida estate and probate firm that has helped many clients deal with guardianship disputes requiring judicial intervention. Our team can explain the guardianship process to you, investigate potential issues with and affecting the guardianship, and provide professional representation in court should a lawsuit become necessary.
Why Guardianship Litigation Occurs in Florida
The decision to seek a guardianship is often emotionally sensitive and takes place against the backdrop of substantial intra-family drama. Various family members may disagree about the need for guardianship or who should act as guardian. And even if a guardianship is already in place, there may be questions about the guardian’s attention to their duties and responsibilities.
With all this in mind, here are a few common types of guardianship litigation that Knudsen Law can advise you on:
- Incapacity Proceedings: An adult guardianship is only necessary when a judge determines the ward is actually incapacitated in some way. The court will appoint a panel of experts to examine the alleged incapacitated person. Only if the experts agree there is incapacity will the court proceed to consider a guardianship.
- Appointment of Guardian: If there are multiple parties seeking to be named as guardian, the court will have to decide who is best qualified to act in the interests of the ward. In some cases, this may mean appointing a professional guardian as opposed to a family member or close friend.
- Breach of Fiduciary Duty: A guardian is a legal fiduciary. This means that the guardian must manage the ward’s property and affairs in the interests of the ward, not themselves. A guardian who mismanages guardianship assets, or worse, uses the ward’s property for their own interest, can be removed by the court and even ordered to repay the guardianship estate for any losses.
Contact Our Tampa Guardianship Litigation Attorneys Today
A guardianship is never something to be taken lightly. Both the decision to place a person under a guardianship and the ongoing supervision of a guardian is a responsibility that Florida courts take very seriously. So if you are involved in any form of legal dispute involving a potential or current guardianship and need to speak with a skilled Tampa guardianship litigation attorney, contact Knudsen Law today at (727) 398-3600 to schedule a consultation.
