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Removing a Florida Court Appointed Guardian

If you have a reasonable basis that you can substantiate, that the court-appointed Guardian is improperly caring for your loved one, the Ward, or not properly performing their fiduciary obligations, you can seek the removal of the Guardian through proper court proceedings.  There are various reasons that you may want to further investigate the possibility of seeking to remove a court-appointed Guardian.  You should seek the advice of a knowledgeable and experienced Florida Guardianship Attorney to assist you in evaluating the facts and applicable Florida Guardianship Laws and Rules of Procedure.

Florida Law permits the removal of a court-appointed Guardian under Florida Statute 744.474 for any of the following reasons:

• Fraud in obtaining her or his appointment.
• Failure to discharge her or his duties.
• Abuse of her or his powers.
• An incapacity or illness, including substance abuse, which renders the   Guardian incapable of discharging her or his duties.
• Failure to comply with any order of the court.
• Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward’s assets when so required.
• The wasting, embezzlement, or other mismanagement of the ward’s property.
• Failure to give bond or security for any purpose when required by the court or failure to file with the annual Guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent.
• Conviction of a felony.
• Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate Guardian.
• Development of a conflict of interest between the ward and the Guardian.
• Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction.
• A material failure to comply with the Guardianship report by the Guardian.
• A failure to comply with the rules for timely filing the initial and annual Guardianship reports.
• A failure to fulfill the Guardianship education requirements.
• The improper management of the ward’s assets.
• A material change in the ward’s financial circumstances such that the Guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.
• After appointment, the Guardian becomes a disqualified person as set forth and described in s.744.309(3).
• Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in SS. 744.309(2) and 744.312(2) and who has not previously been rejected by the court as a Guardian that the current Guardian is not a family member and subsection 744.474(20) applies.
• Upon a showing that removal of the current Guardian is in the best interest of the ward. In determining whether a Guardian who is related by blood or marriage to the ward is to be removed, there shall be a rebuttable presumption that the Guardian is acting in the best interests of the ward.
• A bad faith failure to submit Guardianship records during the audit pursuant to s. 744.368.

Florida Probate Rule 5.660 governs that any proceedings for removing a court-appointed Guardian, may be instituted by a court, by any surety or other interested person, or by the ward. The rule further provides that formal notice of the petition for removal of a Guardian is to be served on all Guardians, other interested persons, next of kin, and the ward.

It is very crucial that the Petition must state with specificity the reasons why the Guardian should be removed. You will need to prove with appropriate evidence, that the Guardian violated their fiduciary duty as a result of any of the aforementioned reasons. This process can be challenging. You should seek the assistance of a knowledgeable and experienced Florida Guardianship Attorney to assist you in determining whether the removal of the court-appointed Guardian would be appropriate.

The process to remove a court-appointed Guardian can be complex.  For assistance regarding this issue or other Guardianship, or Estate Administration matters please contact Ann Marie Giordano Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7620, and visit my website at www.AnnMarieGildenLaw.com.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney-client relationship.