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Injunctions and Freezing Assets in Guardianship Cases in the Orlando, Florida Area

You can request that assets be frozen in a Guardianship case if a vulnerable adult is being financially exploited. You must file a verified motion detailing the specific factual allegations as to how the elderly person/alleged incapacitated person/ward is being financially exploited. That means that you must have the document notarized. You need to include the specific facts as to the reasons necessary to meet the requirements of the civil four-part temporary injunction. 

If the court grants the temporary injunction, then a hearing is held on the matter. There must be an evidentiary hearing to meet the Respondent/person whose assets are frozen, let them know their due process rights and give them procedural due process. The parties to the litigation may call witnesses, testify and present evidence at this hearing to prove or disprove why an injunction should be granted or denied. 

For the court to freeze assets, it must be proved that the elements for entitlement to a temporary injunction in a regular civil case exist: (1) irreparable harm will result if the temporary injunction is not entered, (2) an adequate remedy at law is unavailable, (3) there is a substantial likelihood of success on the merits, and (4) entry of the temporary injunction will serve the public interest. The party seeking the injunction has the burden to provide competent substantial evidence, and the court’s order must contain clear, definite, and unequivocally sufficient factual findings to support each of the four elements. Further, a bond will be required. 

Lastly, guardianship and probate courts have inherent authority to monitor guardianship and probate administrations and to act as the court deems necessary to preserve the disputed assets pending ultimate determination of ownership. These actions include freezing assets even though the ultimate ownership of those assets may be in dispute. 

If you have more questions regarding a Guardianship Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.