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Guardianship Litigation

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Basics of Guardianship

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 expert assistance in the event that litigation ensues during the guardianship appointment procedure. Given the severity of guardianship, we shouldn’t be surprised that disputes often develop during the appointment process. In general, there are four 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 so often litigation is necessary to determine which person is actually the optimal candidate.

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Why Choose Miami Family Law Group?

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Legal concerns with family can cause intense stress and have far-reaching effects. This can be especially true when children are involved. You also have a lot of financial interests in a family law case, so you must partner with the right attorney. The team at Miami Family Law Group, PLLC is the right choice for these reasons:

  • We understand family. Miami Family Law Group, PLLC offers our clients a family-friendly environment. We understand how delicate legal issues are with spouses, partners, and children.
  • We speak Spanish. Language barriers shouldn’t be a problem when you work with our firm. We speak Spanish and can understand your personal concerns.
  • We have the experience and skills. Family law is not something anyone should take lightly. Our attorneys have been practicing law for more than 20 years. We understand the critical aspects of family law and the essential steps with each case.

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 don’t serve the best interests of the ward.

Finally, disputes 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.

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Ask a Question,
Describe Your Situation,
Request a Consultation

Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

Main Contact Form

* Required Fields

Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Real Clients, Real Testimonials

  • Honest very Fair Reasonable Compassionate will not run your bills please give her a chance she has represented me for 5 Yrs just a good person she won all for me more than that she is very helpful. Just a example It took 5 yrs my Ex was Very Angry Sadly she found a Attorney who promised here everything she wanted just lies after lies he was a very Cruel Human being just drained her she spent over 250k and ended up receiving 225k as Equity Distribution
    My prayers for all is to Settle no point in Litigation However if your Attorney plays with your Emotions and lies to you it will end in very painful state .THATS WHY BE CAREFUL WHICH ATTORNEY YOU CHOOSE VERY IMPORTANT OR like be you will be Bankrupt and Almost Homeless.
    I had good friends and family who helped my Attorney I owed her over 50k which was very Noble of her Emily Philips to Trust me and I did pay her but she didn't have to do very few Attorneys will do that .
    So Consult with Emily Philips before u decide on a Representation..
    Shalom

    - Denis Thali

  • Emily Phillips helped my family navigate and win a difficult child custody case. A wise, tough lawyer who cares about her clients. She was a godsend after 3 very bad lawyers.

    - Megan b

  • Ms. Phillips is an extremely empathetic and professional Lawyer. She handled our Petition of Guardianship, and 2 Last Will and Testaments, in a very swift and detailed manner. Upon my Father's passi g on, she reached out to our family, offering her condolences. She has clients for Life in myself and my family!

    - Nora Adler

  • The most effective, intelligent and caring divorce lawyer in Miami.

    Emily Phillips successfully helped me to resolve a highly bitter divorce case with an excellent outcome! My ex was unreasonable and only out for blood and revenge. Her attorney only cared about taking my money and padding his pocket by filing lawsuit after lawsuit. He didn't care about the effect of litigation on my child. Emily put a stop to the shenanigans. She is a bright, intelligent, caring, reasonable, and most importantly, a very effective lawyer!

    - anonymous

  • Best Divorce Attorney

    Hired Emily thru a Friend Reccomendation in 2011... Very Honest Understanding Down to earth Person,,, Doesnt up sell or makes False Promises says it as it is . Very Logical and upfront ...I went thru 2 Trails and she won it all. The opposing Lawyer was a Bluff Promised my EX everything and ended up with nothing...

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  • Partner

    Emily has been helping us on all our closings. She has always provided us with an exceptional service and we are looking forward working with Emily on our next deal.

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Mon-Fri 9:00 am - 5:30 pm

The experienced attorneys and staff at Miami Family Law Group, PLLC are here to serve you Monday through Friday from 9:00 a.m. to 5:30 p.m. We understand that divorce is not a decision anyone takes lightly and want to help you move through the process as painlessly as possible. Call us at (305) 701-2901 to discuss your case. If you contact us outside of business hours, we will respond to you when our office opens the following day. We’re here for you because family matters.

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