Experienced Guardianship Dispute Attorneys in Florida

Protecting Your Loved Ones & Preserving Family Rights

At Martin Law Firm, we understand that guardianship disputes are often highly emotional and legally complex. Whether you are seeking to establish a guardianship for a loved one, contesting a guardianship decision, or challenging the actions of a court-appointed guardian, our attorneys have the experience, legal knowledge, and courtroom advocacy skills to protect your family’s interests.

We represent families, heirs, concerned loved ones, and interested parties in contested guardianship litigation throughout Florida, including in the Middle District of Florida and the Twentieth Judicial Circuit. If you are involved in a high-stakes guardianship dispute, we can help you protect your loved one’s well-being and financial assets.


What Is a Guardianship Dispute?

A guardianship dispute arises when family members or other interested parties disagree over the need for a guardianship, the selection of a guardian, or how a guardian is managing a ward’s health, finances, and legal affairs. These disputes often involve high-net-worth families, blended families, and individuals with significant assets, making them even more complex and contentious.

Common Reasons for Guardianship Disputes

📌 Disagreements Over Who Should Be the Guardian – Multiple family members may seek control over the ward’s affairs.
📌 Challenges to the Incapacity Determination – Some family members may argue that the proposed ward is still capable of making decisions.
📌 Allegations of Guardian Misconduct or Abuse – Guardians are legally required to act in the best interests of the ward. Disputes arise when guardians are suspected of financial exploitation, neglect, or self-dealing.
📌 Disputes Over Financial Management – If a guardian mismanages or improperly spends the ward’s assets, legal action may be necessary.
📌 Conflicts Over Medical or End-of-Life Decisions – Family members may disagree on medical treatment, living arrangements, or healthcare directives.

If you are involved in a guardianship battle, it is essential to seek legal representation immediately to protect your loved one and preserve family relationships.


Who Can Contest a Guardianship in Florida?

Under Florida guardianship law, the following individuals may contest a guardianship:

Spouses – If a guardian is appointed for your husband or wife and you believe their rights are being violated.
Adult Children & Heirs – If you believe a parent is being exploited or the appointed guardian is unfit.
Siblings & Other Family Members – If you suspect financial mismanagement, neglect, or undue influence.
Interested Parties – Any friend, caregiver, or financial institution with legal standing can raise concerns in court.

Our attorneys have successfully represented spouses, children, and other family members in high-profile and contested guardianship cases, ensuring that their loved ones receive proper care and financial protection.


Types of Guardianship Disputes We Handle

1. Contesting a Guardianship Appointment

If a guardian has been appointed, but you believe the decision was improper or harmful, you may be able to challenge the appointment.

📌 Grounds for Contesting a Guardianship:

  • The ward is not actually incapacitated.
  • The court-appointed guardian is unfit due to conflicts of interest, criminal history, or lack of qualifications.
  • Another family member or party is better suited to serve as guardian.

We can file a formal objection with the court and advocate for a more appropriate guardianship arrangement.

2. Removing a Guardian for Misconduct

Guardians are legally required to act in the best interests of the ward. If a guardian is engaged in misconduct, financial exploitation, or neglect, legal action may be necessary to have them removed and replaced.

📌 Signs of Guardian Misconduct Include:
Unexplained financial transactions or missing assets.
Failure to provide medical care, housing, or basic needs.
Refusal to allow family members to visit the ward.
Sudden changes in estate plans, wills, or trust documents.
Evidence of undue influence or coercion.

If you suspect that a guardian is abusing their power, we can take immediate legal action to protect your loved one’s rights.

3. Disputes Over Guardian Decisions

Even if a guardian is lawfully appointed, family members may disagree with their decisions regarding medical care, housing, or financial management.

📌 Common Conflicts Include:
✔ Whether the ward should be placed in a nursing home or remain at home.
✔ Disagreements over end-of-life care, medical procedures, or treatment.
✔ Conflicts over the sale of real estate or financial assets.
✔ Whether the guardian is following the ward’s previously stated wishes.

If you feel that a guardian is acting against the best interests of your loved one, our attorneys can file legal challenges to correct improper decisions.

4. Financial Exploitation & Undue Influence Claims

Sadly, some guardians abuse their authority for personal financial gain. Elder financial exploitation is a growing problem in Florida, and we aggressively pursue legal action against dishonest guardians.

📌 Examples of Guardian Financial Abuse:
Transferring assets from the ward’s estate for personal use.
Altering wills, trusts, or beneficiary designations under suspicious circumstances.
Making unauthorized gifts or property transfers to themselves.
Failing to provide proper financial accounting to the court and family members.

Our team conducts thorough financial investigations and can petition the court to freeze assets, remove the guardian, and recover stolen funds.


Florida Guardianship Laws: What You Need to Know

Florida guardianship laws are governed by:

Florida Statutes Chapter 744 – Regulates guardianship proceedings, fiduciary duties, and removal procedures.
Florida Probate Code – Governs the distribution of assets when guardianship and estate disputes overlap.
Elder Exploitation Laws – Protects seniors from financial abuse, neglect, and undue influence.

Understanding these laws is critical when navigating a high-conflict guardianship dispute. Our firm has extensive experience handling these cases in Florida courts.


Why Martin Law Firm?

When your loved one’s well-being and financial security are at stake, you need aggressive, experienced legal representation. At Martin Law Firm, we offer:

Proven Success in Contested Guardianship Cases – We handle high-profile, high-net-worth disputes.
Courtroom Experience – We are trial attorneys prepared to litigate in probate and guardianship courts.
Comprehensive Investigations – We uncover financial abuse, undue influence, and mismanagement.
Strategic Legal Solutions – Protecting your loved one while minimizing family conflicts.


Schedule a Confidential Consultation

If you are involved in a Florida guardianship dispute, contact Martin Law Firm today. We provide skilled, aggressive representation to protect your loved one’s rights and financial future.

📍 Offices in Cape Coral & Fort Myers
📞 (239) 443-1094
📧 pleadings@martinlawfirm.com
🌍 MartinLawFirm.com

Don’t let a guardianship dispute tear your family apart. Take action today with Florida’s premier guardianship litigation attorneys. 🚀