Guardian Won't Allow Visits or Sold the House: FL Rights
A guardian is blocking family visits and sold Grandma's house: here are a Florida ward's rights, the red flags, and how to petition the court.
Guardianship is the court process nobody plans for and everybody wishes they had planned around. These guides answer the questions families ask, one at a time, each through someone in the same spot: how a Florida court decides incapacity, what avoids the case entirely, who serves when the family disagrees, what it costs, what the guardian owes the court, what a ward keeps, and how it ends. 38 guides, written by Arthur Simpson, Esq., Florida elder law attorney.
Book a Free 20-Minute Consult or call (888) 388-8445A parent who is slipping and has no documents, an adult child with a disability turning 18, a relative being exploited right now, siblings who cannot agree, a petition you want to fight, or a guardianship you want to end: each is a different problem with a different answer. Every person named in these guides is a composite, not a client. When you want the answer for your own facts, the consultation is free. See the Florida elder law practice page for how the work is done.
A guardian is blocking family visits and sold Grandma's house: here are a Florida ward's rights, the red flags, and how to petition the court.
Florida law requires courts to consider less restrictive options before guardianship; see the ladder of tools from POA to trusts, illustrated through Harold's story.
When a second wife and adult children both petition to be guardian, Florida law gives no automatic winner, only a judge weighing wishes, conflicts, and fitness.
A felony bars a Florida guardian, but an old DUI or bankruptcy often does not; here is how background checks, bond, and training actually work.
A local guide for Orange County families to where a Florida guardianship case starts, who evaluates the alleged incapacitated person, and what the guardian must do next.
When two siblings each petition for guardianship of a parent, Florida courts do not simply pick a side; here's how Chapter 744 sorts it out.
A dementia diagnosis doesn't automatically require guardianship: here's how Florida law assesses capacity to sign a power of attorney.
How Florida's emergency temporary guardianship law lets courts act within days to stop financial exploitation of a vulnerable elder.
When siblings can't agree on Mom's care setting, Florida law puts residence decisions in the guardian's hands, with court oversight and family objection rights built in.
A Florida attorney walks through how an alleged incapacitated person can fight back against a guardianship petition, from choosing counsel to offering less restrictive alternatives.
How Florida grandparents like Doris get real legal authority for school and medical decisions through Chapter 751, without going through adult guardianship court.
A guardian ad litem investigates for one court case; a guardian holds ongoing legal authority. Here's how Florida law tells them apart.
Why most Florida parents of a child with Down syndrome or a similar disability need guardian advocacy, not full guardianship, once their child turns 18.
What a newly appointed Florida guardian owes the court in year one: training, the initial plan and inventory, and annual accountings.
How Florida courts let one sibling manage a parent's care and another manage the money, and where that division tends to cause friction.
Out-of-state relatives say conservatorship, but Florida uses different words. Here's the vocabulary map for guardianship, conservatorship, and related terms.
A step-by-step walk through a Florida incapacity case, from petition to letters of guardianship, told through one family's experience.
How a Florida guardian must handle a ward's inheritance, from court inventory to Medicaid reporting to a court-approved supplemental needs trust.
How a Florida guardian gets court approval for gifts, trusts, and annuities to qualify a ward for Medicaid, and why a power of attorney avoids the process.
A composite Ocala family's story shows how the Baker Act, Marchman Act, guardian advocacy, and guardianship each fit differently when an adult child refuses treatment.
A Florida guide to when a child's settlement or inheritance triggers court-supervised guardianship, and the alternatives families can consider.
How Florida parents can legally name who raises their minor children, and who manages the money, if both parents die or become incapacitated.
Can a daughter in New Jersey be guardian for her Florida mother? Here is what Florida law requires for nonresident guardians.
After a stroke affects Rita's judgment about money but nothing else, does a Florida court remove all her rights or only some? Here's how the law decides.
How Florida's pre-need guardian designation lets you name your own guardian in advance and reduce the odds of a family court fight later.
How Florida courts and the Office of Public and Professional Guardians regulate professional guardians, and how families can stay involved.
How a Florida ward regains legal rights after recovery: the suggestion of capacity, medical exam, partial vs. full restoration, and the guardian's final accounting.
A Holly Dale father's story shows which rights a Florida guardianship can remove, which it can never touch, like voting and marriage, and how orders can be tailored.
A step-by-step walkthrough of how a Florida guardian gets court approval to sell a ward's empty home, from petition to closing.
A local guide to how Miami-Dade, Broward, and Palm Beach probate divisions each handle Florida guardianship cases under the same statewide law.
A week-by-week look at how long Florida guardianship really takes, from filing to Letters, including the emergency route for urgent situations.
What actually happens when a parent's out-of-state guardianship moves with them to Florida, and why the paperwork doesn't just carry over.
How guardianship filings actually work across Indian River, St. Lucie, and Martin Counties, told through one Vero Beach family's case.
Guardianship does not strip a Florida homestead of its protections, but renting, selling, or transferring it requires court approval and careful thought about taxes and Medicaid.
A plain-English breakdown of who pays the attorneys, examining committee, guardian and bond in a Florida guardianship case, and when those costs fall on the ward's estate.
Florida guardianship is a costly, court-supervised process that strips a person of their legal rights. Learn how it works under Chapter 744 — and how a power of attorney and healthcare surrogate can avoid it entirely.
A side-by-side look at when a Florida power of attorney is enough for Medicaid planning and when guardianship becomes necessary instead.
When a Florida parent has dementia and no power of attorney, guardianship often becomes the only path to Medicaid planning, and the court controls every major step.