Understanding Guardian Responsibilities in Florida
When a guardian is appointed in Florida, they assume significant legal responsibilities to act in the best interests of their ward. Whether the guardianship is for a minor, an incapacitated adult, or an elderly individual, the guardian is expected to manage the ward’s personal, medical, and financial affairs responsibly. However, if a guardian fails to meet their obligations, serious legal and financial consequences may follow.
I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I assist clients on both sides of guardianship disputes—whether you are seeking to hold a guardian accountable or defending against allegations of misconduct. If you need legal guidance regarding a guardianship matter, call my office at 1-888-640-2999 to schedule a consultation.
What Are the Duties of a Guardian in Florida?
Under Florida Statute 744.361, a guardian is legally required to act in the ward’s best interests and fulfill specific duties, which may include:
- Managing the ward’s finances and property responsibly
- Ensuring the ward receives proper medical care and treatment
- Filing annual reports with the court regarding financial and personal matters
- Making decisions that align with the ward’s needs and preferences when possible
- Protecting the ward from neglect, exploitation, and abuse
Failure to meet these obligations can lead to legal action, removal as guardian, and, in some cases, criminal charges.
Signs That a Guardian May Be Failing Their Duties
Guardianship failure can take many forms, including:
- Financial Mismanagement: Unauthorized spending, missing funds, or failure to pay the ward’s bills
- Medical Neglect: Failing to seek necessary medical care or ignoring healthcare needs
- Abuse or Exploitation: Taking advantage of the ward’s assets for personal gain
- Failure to File Reports: Not submitting required court documents on time
- Disregarding the Ward’s Rights: Making decisions that violate the ward’s preferences or best interests
If you suspect a guardian is failing in their responsibilities, legal action may be necessary to protect the ward.
Legal Consequences for Failing to Fulfill Guardianship Duties
1. Court Investigations and Removal
Under Florida Statute 744.474, the court has the authority to remove a guardian if they fail to perform their duties or act against the ward’s best interests. A family member or interested party can file a complaint with the court, leading to an investigation and potential removal of the guardian.
2. Legal and Financial Liability
A guardian who misuses funds or makes negligent financial decisions may be required to reimburse the ward’s estate. In cases of serious misconduct, the court may order restitution and hold the guardian personally liable.
3. Criminal Charges
If a guardian is found guilty of financial exploitation, neglect, or abuse, they may face criminal charges under Florida’s elder abuse and exploitation laws. This could result in fines, penalties, or even imprisonment.
4. Civil Litigation
Family members or interested parties may file lawsuits against a guardian for damages caused by their misconduct. This can include financial losses suffered by the ward due to mismanagement or fraud.
What to Do If You Suspect Guardian Misconduct
If you believe a guardian is failing to fulfill their duties, there are legal steps you can take:
- Gather Evidence – Document any signs of financial mismanagement, neglect, or abuse.
- File a Complaint with the Court – Florida law allows interested parties to report concerns to the court overseeing the guardianship.
- Request a Guardian Review – The court can conduct an investigation and require the guardian to provide an explanation.
- Seek Guardian Removal – If misconduct is proven, the court may appoint a new guardian.
- Consult an Attorney – An experienced Orlando Guardianship Attorney can guide you through the process of protecting your loved one’s rights.
FAQs About Guardian Misconduct in Florida
What happens if a guardian misuses the ward’s money?
If a guardian is found to have misused funds, they can be removed from their role, required to repay the money, and may face criminal charges. The court may also appoint a new guardian to manage the ward’s finances properly.
Can a guardian be held personally liable for negligence?
Yes. If a guardian fails to act responsibly and causes financial harm to the ward, they can be held personally liable for the losses and required to pay restitution.
How long does it take to remove a guardian in Florida?
The timeline depends on the complexity of the case. If there is clear evidence of wrongdoing, the court may act quickly. However, if an investigation is needed, the process can take several months.
What rights do wards have if their guardian is failing them?
Wards retain certain legal rights under Florida law. If a ward is aware of mistreatment, they can petition the court or request legal representation to protect their interests.
Who can file a complaint against a guardian?
Family members, concerned friends, legal representatives, and even the ward themselves can file a complaint with the court if they suspect guardianship misconduct.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
Guardianship is a serious legal responsibility, and when a guardian fails to fulfill their duties, the consequences can be significant. Whether you need to remove a guardian, challenge financial mismanagement, or protect a vulnerable loved one, I can provide the legal representation you need. Call 1-888-640-2999 to schedule a consultation and discuss your case.
