guardianship litigation

GUARDIANSHIP LITIGATION

Guardianship litigation exists in the following ways::

  1. Whether the alleged incapacitated person is actually incapacitated (and to what extent)?
  2. If the alleged incapacitated person is incapacitated, who should be appointed as Guardian?
  3. When a Guardianship case exists, but the Guardian is not doing their job or fulfilling the court’s requirements.
  4. When a Guardianship case exists, and the Ward is not being cared for properly.

Examples of certain questions that may indicate the possibility of guardianship litigation:

  • Who should be named as the guardian of my mom?
  • Where should my father live, in an adult living facility or at home?
  • What’s going on with my aunt’s bank accounts?
  • Is my autistic brother getting adequate care?
  • What is my sister’s guardian doing with her money?
  • My grandmother is hoarding newspapers and cats… and my sister is helping her do this.
  • How can I help her?
  • My brother was appointed Guardian for our Father but if this is the case, why is he living in deplorable conditions?

If you have asked yourself any one of those questions, you may need to pursue action. A Guardian is held to a higher standard known as a fiduciary. With this title comes responsibilities and duties as well as the ability to make decisions for the ward, the individual subject to a guardianship. Many times these issues may be resolved without litigation. At Irama Valdes, P.A. we assess each situation to determine the most effective and cost-efficient plan of action to ensure the ward is properly being cared for.

For a consultation with Irama Valdes, P.A. call (305) 477-1111 or send us an e-mail. We serve all of Florida.

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