Tampa Guardianship Removal Attorney

There are some Tampa residents, including legally incapacitated adults and minors, who require a guardian to manage their person, property, or both. A guardian is a legal fiduciary. In simple terms, this means the guardian is obligated by law to only act in the best interest of their ward. A guardian who fails to uphold this duty can be removed by the Florida court that appointed them in the first place.

The decision to remove or terminate a guardianship is one that requires careful consideration by a judge. If you are involved in this type of legal dispute, it is therefore important that you work with a qualified Tampa guardianship removal attorney. Knudsen Law is a full-service Florida estate and probate firm that can advise you as a guardian, ward, or interested person who has reason to believe that a guardian should be removed from their position.

When Can You Remove a Guardian in Florida?

Generally speaking, a judge will not remove a guardian without a show of good cause. Florida law specifies a number of such causes, including but not limited to:

• The guardian obtained their appointment by fraud.
• The guardian failed to discharge their duties.
• The guardian abused their powers.
• The guardian is no longer capable of discharging their duties due to their own incapacity or illness.
• The guardian failed to comply with all required court orders applicable to the guardianship.
• The guardian failed to file necessary reports of the guardianship property with the court.
• The guardian wasted, embezzled, or otherwise mismanaged the ward’s property.
• The guardian has been convicted of a felony.
• In the case of a corporate guardian, it is not under the control of a receiver, bankruptcy trustee, or liquidator.
• There is now a conflict of interest between the guardian and the ward.
• There has been a material change in the ward’s financial circumstances such that either the guardian is no longer qualified to manage the guardianship estate, or the previous degree of management is no longer required.

In addition to situations where a guardian may be removed for the reasons described above, it may also be the case that a guardianship is no longer necessary because the ward has died, there are no longer any assets in the guardianship estate, or the ward has “restored” their legal capacity to manage their own affairs. Regardless of the circumstances, however, the party seeking to remove the guardian must present sufficient evidence to the court in support of their claims.

Let Our Tampa Guardianship Removal Attorneys Help You

Removal of a guardian is not an easy matter. Especially when the guardian is a blood relative of the ward, Florida law imposes a presumption that the guardian is acting in the ward’s interests. Nevertheless, all guardians are expected to follow the law and not abuse, neglect, or take advantage of their important and sensitive position with respect to their wards.

If you need to speak with an experienced Tampa guardianship litigation attorney, contact Knudsen Law today at (727) 398-3600 to schedule a consultation.