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Uncontested Guardianship in Lake Mary, Florida and Orlando, Florida Area 

What is an uncontested guardianship in Orlando, Florida and Lake Mary, Florida area? An uncontested guardianship is wherein all interested parties agree to a guardianship of the alleged incapacitated person and the parties sign waivers and consents to guardianship. 

You still must file all the initial incapacity pleadings and guardianship pleadings in the case. However, you do not serve all the interested parties in accordance with statute because you file their waivers and consents to the guardianship in lieu of service on them. You still must pay the filing fees, one for the incapacity case and one for the guardianship case. You still must have the examining committee evaluate the alleged incapacitated person. 

There is still an attorney appointed for the alleged incapacitated person. That court appointed attorney still must serve the alleged incapacitated person with the incapacity pleadings and guardianship pleadings; and discuss the case with the alleged incapacitated person. Then, after the court appointed attorney receives all three examining committee reports, they must tell you whether or not that they have objection to the guardianship. If they do not object to the guardianship, then at that stage in the proceedings, you may finalize the guardianship with the court. If they object to guardianship, then you must have contested hearing on guardianship and enter the examine committee reports into evidence.

As you can see from above-mentioned, the uncontested guardianship is is much easier and less expensive than a contested guardianship. In a contested guardianship, relatives litigate in court who will be the guardian. This may deplete the alleged incapacitated person’s funds. It usually causes stress and animosity within families. This usually occurs when relatives accuse one relative or interlopers of taking control of the alleged incapacitated person’s  check book to their own benefit and not the benefit of the alleged incapacitated person. Or, they have the alleged incapacitated person write them checks. They may also isolate the alleged incapacitate person from family and friends. 

If you have more questions regarding a Marital and Family 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.