Miami Guardianship Litigation Lawyers

Experienced Miami Guardianship Litigation Lawyers Ready to Assist You

In the State of Florida, guardianship refers to a situation in which one person is entrusted with the responsibility of managing certain affairs for another person. In many cases, the person over whom the guardian has responsibility is a minor, but in other cases, it may be someone who has a physical or mental disability. If the person over whom the guardian has responsibility is physically or mentally incapacitated, that person is referred to as a "ward" in legal terminology.

To become a guardian over a ward, the prospective guardian must go through a complex procedure. Part of this procedure involves having the ward undergo an examination by a committee. At Miami Family Law Group, PLLC, we can counsel individuals as they attempt to navigate this difficult and lengthy procedure.

Potential Sources of Dispute

Although many guardianship appointments can go smoothly, many do not. At Miami Family Law Group, PLLC, we can provide assistance in the event that litigation ensues during the guardianship appointment procedure. Given the serious nature of guardianship, we should not be surprised that disputes often develop during the appointment process. In general, there are a few primary areas of dispute.

One area of dispute has to do with the need or appropriateness of guardianship. The appropriateness of guardianship is often contested by the proposed ward. The proposed ward occasionally argues that guardianship is unnecessary and that no responsibilities need to be outsourced to the guardian. The proposed ward may also contest the guardianship in some respects but not others. Both of these scenarios can give rise to complex litigation.

Another area of dispute relates to the particular choice of guardian. In many cases, disputes arise as to which person would be the most suitable candidate to serve as the appointed guardian. Different people may see things differently, and often, litigation is necessary to determine which person is actually the optimal candidate.

After the guardianship has been established, guardians often seek permission from the court in order to take certain actions. Not all actions can be taken without prior approval. In some cases, the proposed actions are contested by other parties. These other parties may believe, for whatever reason, that the proposed actions do not serve the best interests of the ward.

Finally, disputes may arise over the administration of the guardianship itself. Given the fact that the guardian has the ability to influence the life of another person so substantially, the court scrutinizes the behavior of guardians closely. In some cases, outside parties may file a formal complaint against the conduct of the guardian for one reason or another. In these instances, the court will evaluate the complaint, and this involves leads to litigation.

Contact Our Miami Guardianship Litigation Attorneys

If need to resolve disputes related to guardianship, Miami Family Law Group, PLLC can provide you with representation during any litigation that will be necessary. We will work to help you resolve these issues effectively and ensure that the best interests of the ward will be protected at all times. Contact us at 305-520-7874 to set up a consultation today.