Guardianship litigation attorneys · Coral Gables & Miami-Dade
Contested Guardianship Representation in Florida
When family members disagree about a loved one’s capacity, care or money, guardianship cases can become contested quickly. We represent families and guardians in these disputes with sensitivity and a clear strategy.
✓ Board Certified Wills, Trusts & Estates attorney on our team✓ Representing families & guardians✓ Negotiation, mediation & trial
Talk with our litigation team
Tell us a little about the situation and we will reach out to schedule your consultation.
When a guardianship becomes contested
Guardianship cases often begin with concern for a loved one, but they can turn adversarial when relatives disagree about whether a guardianship is needed, who should serve or how a guardian is handling the person’s care and finances.
Our team handles both guardianship administration and litigation, so we understand how these cases are supposed to work and where they tend to go wrong. We focus on protecting the person at the center of the case while advocating for our client.
Contested incapacity proceedings
Disputes over who should serve as guardian
Objections to guardianship accountings
Removal of a guardian for misconduct
Challenges to powers of attorney and alternatives
Petitions to restore rights
Guardianship disputes we handle
We represent petitioners, proposed guardians, family members and guardians in contested matters.
Capacity Disputes
We represent family members who support or oppose a petition to determine incapacity.
Choice of Guardian
We advocate for the right guardian when family members cannot agree on who should serve.
Financial Misconduct
We pursue accountability when a guardian or agent has mismanaged or taken a loved one’s money.
Accounting Objections
We review guardianship reports and accountings and object when something does not add up.
Powers of Attorney
We handle disputes over agents acting under a power of attorney and whether a guardianship is still needed.
Restoration of Rights
We help people whose capacity has improved ask the court to restore their rights.
Discover
Tell us about your loved one and what is happening.
Evaluate
We review the court file, your goals and the options available.
Resolve
We pursue the outcome that best protects your loved one, in or out of court.
Acting quickly protects your loved one
Guardianship cases move on court schedules, and some hearings happen soon after a petition is filed. If you are concerned about a loved one’s safety or finances, or you have been served with guardianship papers, reach out as early as possible so we can help you respond.
Frequently asked questions
Straight answers to the questions we hear most. For advice about your situation, schedule a consultation.
Can I object to a guardianship petition?
Yes. The person alleged to be incapacitated and interested family members can contest the petition, and the court will consider whether less restrictive alternatives are available.
What if a guardian is misusing money?
Guardians must account to the court every year. If a guardian is mismanaging funds, interested persons can object and ask the court to remove the guardian and order repayment.
Can a power of attorney prevent a guardianship?
Often a valid durable power of attorney and health care surrogate designation make guardianship unnecessary, but they can be challenged if the agent is not acting properly.
Who pays the legal fees?
It depends on the case. Florida courts can award fees from the guardianship estate in some circumstances. We discuss fees and likely costs with you at the outset.
