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 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.