An uncontested guardianship is a guardianship proceeding in which the interested parties agree that a guardian should be appointed for the alleged incapacitated person. The consenting parties generally sign waivers and consents rather than litigating whether the guardianship should be established or who should serve as guardian.
How uncontested guardianship works
“Uncontested” does not mean automatic. The court must still follow Florida’s statutory safeguards, determine whether the person is incapacitated, consider whether less restrictive alternatives are available, and decide whether guardianship is appropriate.
These are the steps required to establish an uncontested guardianship:
- Prepare and file the required incapacity and guardianship pleadings.
- Pay the filing fees for both proceedings.
- Obtain and file properly executed waivers and consents from agreeing interested parties, where permitted.
- Complete all remaining statutory notice and service requirements.
- Allow the examining committee to evaluate the alleged incapacitated person and submit its reports.
- Allow the court-appointed attorney to meet with and advise the alleged incapacitated person and review the reports.
- If the matter remains unopposed, request the necessary hearing and final orders from the court.
- If an objection arises, prepare for a contested hearing.
How waivers and consents affect service
When an interested party signs a valid waiver and consent, that document may be filed in place of formal service on that consenting party, as permitted by Florida law and the court’s procedures. Waivers do not eliminate every notice or service requirement, so the filings and the method of service should be reviewed carefully for each person involved.
The role of the court-appointed attorney
The court-appointed attorney represents the alleged incapacitated person, not the petitioner or other family members. The attorney must meet with the alleged incapacitated person, discuss the proceeding, protect that person’s rights, and address the relevant pleadings and examining committee reports.
After reviewing the examining committee reports and consulting with the client, the attorney may advise whether the guardianship is opposed. If there is no objection and the statutory requirements have been satisfied, the parties may ask the court to finalize the guardianship. If the guardianship is opposed, the matter may require a contested evidentiary hearing, including the proper presentation of the examining committee reports and other evidence.
Why an uncontested case may be easier
An uncontested guardianship is often more efficient and less expensive than a contested proceeding because the family is not litigating whether a guardianship is needed or who should serve. It may also reduce stress, preserve family relationships, and protect more of the alleged incapacitated person’s assets from litigation costs.
What can make a guardianship contested?
A case may become contested when relatives disagree about the need for guardianship, the proposed guardian, or the management of the alleged incapacitated person’s money and care. Disputes often involve allegations that someone has taken control of a checkbook or accounts for personal benefit, induced the person to write checks, or isolated the person from family and friends. When these concerns arise, the court may need to hear testimony, review financial records, and evaluate other evidence before deciding incapacity and guardianship issues.
Agreement among interested parties can simplify a Florida guardianship, but it does not remove the court’s oversight or the protections provided to the alleged incapacitated person. Families in Orlando, Lake Mary, and surrounding communities should expect required pleadings, fees, evaluations, counsel, notice, and a judicial determination even when no one objects.
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.