Florida Guardianship Litigation primarily occurs at the beginning of a guardianship. Normally it’s a dispute over who should be the Guardian. That’s when a validly executed “Pre-Need Guardian Designation” is priceless. Sometimes it’s a dispute over whether a Guardianship is legally required; maybe there is a power of attorney and health care surrogate in place, so no Guardianship is warranted (unless the person named as agent under the POA or HCS is not doing his or her job properly). Guardianship can be “weaponized.” It can be used (properly or improperly) to obtain financial information that otherwise would have been private. Often there is friction between the spouse of the “ward” and the adult children of the “ward.” Other times there is friction between the children of the “ward.”
Sometimes we see Florida Guardianship Litigation later in the proceedings. A guardian might be accused of a breach of fiduciary duty and perhaps a petition for removal would be filed. A Guardian might be accused of denying access to family members, or other conduct that requires Judicial involvement.