Florida Contested Guardianship Attorney

By Jose M. Lorenzo, Jr. · Florida Bar No. 107002 · Lorenzo Law, Coral Gables, Florida · Last updated August 23, 2026

A Florida contested guardianship attorney handles the disputes that arise under Chapter 744 of the Florida Statutes when a family cannot agree about an incapacitated adult — challenging a petition to determine incapacity, objecting to who is appointed as guardian, removing a guardian for misconduct, or responding to an emergency petition filed to take control of someone’s money.

These cases move faster than most people expect. Once a petition to determine incapacity is filed, the court must appoint an examining committee within 5 days (Fla. Stat. § 744.331(3)(a)), each member must file a report within 15 days of appointment (§ 744.331(3)(e)), and the adjudicatory hearing is set no fewer than 10 and no more than 30 days after the last report is filed (§ 744.331(5)(a)). A family that waits to retain counsel often finds the record already built without them.

This page explains how a contested guardianship actually works in Florida, what the statutes say, and what your options are on either side of one — whether you are trying to fight a guardianship that should never have been filed, or protect a parent from one that is being misused. It covers the full range of Florida guardianship litigation — from an adult guardianship that is disputed at the incapacity stage through removal, surcharge, and restoration of rights. For the uncontested process and the alternatives that come before it, start with our Florida guardianship guide. To speak with a lawyer now, call (305) 224-6811.

On this page

• What makes an adult guardianship contested, and when it becomes litigation
• How to contest a guardianship in Florida
• How to remove a guardian in Florida
• Emergency temporary guardianship in Florida
• What rights a ward loses — and keeps
• Ending a guardianship: restoration of capacity and petitions to terminate
• Alternatives that can avoid a guardianship
• How to avoid a guardianship dispute in your family
• Guardian advocate vs. guardian
• Appealing a guardianship order in Florida
• What guardianship litigation costs in Florida, and who pays
• How long a contested guardianship takes
• Frequently asked questions — 23 answers

Contested guardianship Florida: the short answers

Question	Answer	Authority
Can I fight a petition to determine incapacity?	Yes. The alleged incapacitated person is entitled to an attorney, and any interested person may participate and present evidence at the adjudicatory hearing.	§ 744.331(2), (5)
How do I remove a guardian?	File a petition for removal. The statute lists 21 separate grounds, including failure to discharge duties, mismanagement of assets, and conflict of interest.	§ 744.474
How long does an emergency temporary guardianship last?	90 days from appointment, or until a permanent guardian is appointed — whichever comes first. Extendable once for 90 more days.	§ 744.3031
Who pays the attorney’s fees?	Generally the ward’s estate pays the guardian’s attorney, the ward’s attorney, and the examining committee. Competing parties usually bear their own.	§ 744.108
Can a guardianship be undone?	Yes. Any interested person, including the ward, may file a suggestion of capacity. The court must give it calendar priority.	§ 744.464
Can a guardian sell the ward’s house?	Not without prior court approval on a petition for authorization to act — homestead included.	§ 744.441(12)
Can I freeze accounts if someone is being exploited?	Yes. A vulnerable-adult injunction can freeze individual, joint, trust, and guardianship assets and any line of credit.	§ 825.1035
Can an out-of-state relative serve as guardian?	Only if related to the ward in one of the ways the statute lists — lineal relatives, adopted children or parents, spouse, sibling, uncle, aunt, niece, or nephew.	§ 744.309(2)

What makes an adult guardianship contested, and when it becomes litigation

A contested guardianship Florida families end up in rarely starts that way. An adult guardianship becomes contested the moment an interested person disputes something the court is being asked to decide. It becomes guardianship litigation once that disagreement is being tried — with discovery, depositions, expert testimony, and an evidentiary hearing. Most Florida guardianship disputes fall into four groups.

Type of dispute	What is actually being fought about
Incapacity is disputed	Whether the person meets the legal standard for incapacity at all, or whether a limited guardianship over specific rights would be sufficient.
The guardian is disputed	Everyone agrees a guardian is needed; the family disagrees about who it should be, or objects to a professional guardian being appointed over a relative.
The guardian’s conduct is disputed	An appointed guardian is accused of self-dealing, unauthorized spending, isolating the ward, or failing to file accountings.
Money is missing	Assets were moved before or after the petition — deeds transferred, accounts retitled, beneficiary designations changed — and someone wants them back.

The fourth category is where a guardianship dispute and a probate matter converge, and it is usually handled by the same Florida probate lawyer. It overlaps with Florida probate litigation, undue influence claims, and breach of fiduciary duty actions, because the transfers being challenged were often made under a power of attorney or into a trust before the guardianship was ever filed.

Contested vs. uncontested guardianship

An uncontested adult guardianship is an administrative process: the petition is filed, the examining committee reports, nobody objects, and the court appoints. A contested guardianship is a trial. Discovery opens, the examining committee members can be deposed and cross-examined, independent evaluations come in, and the incapacity itself must be proved by clear and convincing evidence (§ 744.331(5)(c)) — a materially higher bar than the preponderance standard that governs most civil disputes. The same filing can start as one and become the other the day a single interested person objects.

How to contest a guardianship in Florida

How to object to a guardianship petition in Florida

To contest an unnecessary adult guardianship at the outset — to challenge a guardianship before it is ever granted — you attack the finding of incapacity itself. Any interested person may oppose a guardianship in Florida and object to the petition; you do not have to be the proposed ward. Filing a petition triggers a fixed sequence: the court appoints an attorney for the alleged incapacitated person (§ 744.331(2)) and a three-member examining committee within 5 days (§ 744.331(3)(a)). Each member examines the person independently and files a report within 15 days (§ 744.331(3)(e)). Reports must be served at least 10 days before the hearing (§ 744.331(3)(h)).

The contest is usually won or lost on those reports. Where an examination was cursory, relied on a single office visit, failed to account for a treatable or temporary condition, or ignored medication effects, the answer is an independent evaluation and cross-examination of the committee member at the hearing — not a written objection alone. If the committee is divided, the case is genuinely triable.

Timing is itself an argument. An examining committee report reflects the person on the day of the examination. Where months pass before a contested hearing — because of continuances, a change of counsel, or a crowded docket — the reports can go stale, and a person whose condition was temporary, medication-related, or treatable may no longer resemble the person the committee described. An updated independent evaluation, and in a serious case a retained capacity expert witness, is often what carries the hearing.

A second argument is often stronger than “not incapacitated”: the least restrictive alternative. Florida law does not ask only whether a person has lost capacity. It asks which rights they have lost, and whether a limited guardianship — or an existing power of attorney or health care surrogate — already covers the gap.

Objecting to who is appointed

Where incapacity is not seriously in doubt, the guardianship dispute moves to selection. The court must appoint a qualified standby or pre-need guardian unless doing so is contrary to the ward’s best interests (§ 744.312(1)). Otherwise it may appoint any fit and proper person, giving preference to someone related by blood or marriage, or with relevant professional experience or financial capacity (§ 744.312(2)).

The court must also consider the wishes the person expressed while competent, any guardian designated in a will in which the ward is a beneficiary, and the wishes of next of kin where the ward cannot express a preference (§ 744.312(3)). Disqualifications are separate and absolute: certain criminal history, conflicts of interest, and the nonresident restrictions in § 744.309(2), which permit an out-of-state guardian only where a specified family relationship exists.

A written declaration of pre-need guardian, signed before two witnesses, creates a rebuttable presumption that the designated person is entitled to serve (§ 744.3045). Producing one changes who carries the burden — which is why locating it early matters.

Co-guardianship as a way out of an appointment fight

When two family members are each qualified and neither will withdraw, co-guardianship is often the practical resolution — one sibling as guardian of the person, another as guardian of the property, or both serving jointly with defined spheres. Chapter 744 expressly contemplates the arrangement: under § 744.361(9), when two or more guardians have been appointed, the guardians shall consult with each other. Florida appellate courts have upheld co-guardian appointments in a range of settings, including siblings serving as plenary co-guardians and a corporate fiduciary serving alongside an attorney. Section 744.457 separately regulates how guardians act where both spouses are incapacitated.

What the statute does not supply is procedure. There is no separate appointment track for co-guardians — the ordinary petition, qualification, oath, bond and letters process applies — and, more consequentially, there is no tie-breaker. Section 744.361(9) requires consultation but is silent on what happens when consultation fails to produce agreement, and no other provision in Chapter 744 supplies majority rule or tie-breaking authority. That gap is why the order appointing co-guardians has to do the work: it must state who decides what, and how a deadlock is resolved. Removal is no shortcut around it — co-guardians cannot simply be ordered to resign, and removal must rest on the statutory grounds in §§ 744.467 and 744.474.

How to remove a guardian in Florida

To remove a guardian in Florida you file a petition for removal in the guardianship proceeding and prove one of the grounds in § 744.474. The statute enumerates 21:

1. Fraud in obtaining the appointment
2. Failure to discharge duties
3. Abuse of powers
4. Incapacity or illness, including substance abuse, that prevents the guardian from serving
5. Failure to comply with a court order
6. Failure to return schedules or accounts of property sold, or to produce the ward’s assets on demand
7. Wasting, embezzlement, or other mismanagement of the ward’s property
8. Failure to give bond or required surety evidence
9. Conviction of a felony
10. Appointment of a receiver, bankruptcy trustee, or liquidator for a corporate guardian
11. Development of a conflict of interest between guardian and ward
12. Findings or pleas relating to offenses under § 435.04
13. Material failure to comply with the guardianship report
14. Failure to timely file initial and annual guardianship reports
15. Failure to complete guardianship education requirements
16. Improper management of the ward’s assets
17. A material change in the ward’s finances such that the guardian is no longer qualified, or the level of management is no longer required
18. Becoming a disqualified person under § 744.309(3) after appointment
19. A showing by a relative who did not receive required notice, where the current guardian is not a family member
20. A showing that removal is in the ward’s best interest
21. Bad-faith failure to produce records during an audit under § 744.368

Two points matter strategically. Grounds 13 through 16 — late reports, missing accountings, sloppy asset management — are often the easiest to prove because the failures are already on the court’s docket. And ground 20 carries a rebuttable presumption that a guardian related by blood or marriage is acting in the ward’s best interests, which raises the bar when removing a family member and lowers it when removing a professional.

When a guardian cuts the family off: visitation and interim judicial review

Being denied access to a parent is the most common reason families call, and Florida law addresses it directly. A ward retains the right “to receive visitors and communicate with others” (§ 744.3215(1)(m)), and a guardian has an affirmative duty to allow the ward to maintain contact with family and friends unless the guardian believes that such contact may cause harm to the ward (§ 744.361(13)(b)). A guardian also may not restrict the ward’s physical liberty more than is reasonably necessary to prevent serious physical injury, illness, or disease (§ 744.361(13)(c)).

The remedy is a petition for interim judicial review under § 744.3715. Any interested person, including the ward, may file one at any time, and denial of visitation with relatives in violation of § 744.361(13) is an enumerated ground. The statute directs the court to review the petition and act on it expeditiously. Two cautions: § 744.3715(2) allows the court to assess costs and attorney’s fees against a petitioner whose petition is found to be without merit, so the filing needs to be specific and documented — and isolation of a ward, standing alone, is not one of the 21 enumerated removal grounds in § 744.474. It is pursued as a failure to discharge duties, and it is frequently the fact that opens the door to everything else.

Where the conduct is broader than visitation, the court may appoint a court monitor under § 744.107, or an emergency court monitor under § 744.1075, to investigate and report — often a faster and less adversarial route to the facts than a removal petition filed cold.

Guardianship abuse, predatory guardianship, and a guardian who spends the ward’s money

The pattern that draws the most attention is a guardian treating the ward’s accounts as available: personal expenses run through the guardianship, unexplained cash withdrawals, property sold below value to someone connected to the guardian, or a professional guardian billing far beyond what the estate can justify. Florida addresses this on several fronts. Section 744.446 prohibits conflicts of interest and self-dealing. A guardian may not offer, solicit or receive a commission, benefit, bonus, rebate or kickback in return for engaging in a transaction for goods or services on the ward’s behalf (§ 744.446(2)). And unless the court approves in advance — or the relationship predated the appointment and was disclosed in the petition — a guardian may not hold any interest, direct or indirect, in a business transaction with the ward (§ 744.446(3)(a)), acquire an ownership, possessory or other pecuniary interest adverse to the ward (§ 744.446(3)(b)), be designated as beneficiary on the ward’s life insurance policy, pension or benefit plan unless the ward validly made that designation before adjudication of incapacity (§ 744.446(3)(c)), or deal with a business entity in which the guardian or a close relative holds an interest (§ 744.446(3)(d)). Any prohibited activity is voidable, and the guardian is subject to removal and to personal liability through a surcharge proceeding (§ 744.446(4)). Section 744.454 forbids a guardian from borrowing from or purchasing the ward’s property except as permitted. Section 744.359 addresses abuse, neglect, and exploitation by a guardian directly.

A guardian is accountable, and the accountability is structural rather than discretionary. The clerk of the circuit court must review each initial and annual guardianship report (§ 744.368(1)–(2)), audit the verified inventory and the guardian of the property’s accountings within 90 days of filing and advise the court of the results (§ 744.368(3)), report to the court when a required report is not timely filed (§ 744.368(4)), and — on application supported by affidavit — may issue subpoenas to nonparties to compel production of books, papers and other documentary evidence (§ 744.368(7)). Where the court finds wrongdoing, the guardian’s cost of responding to that review or audit may not be paid or reimbursed from the ward’s assets (§ 744.368(5)). Section 744.372 gives the court continuing jurisdiction and requires it to review the appropriateness and extent of every guardianship annually.

Accountings, audits, and getting to the paper

A guardian of the property must file an annual accounting on or before April 1 for the preceding calendar year, including institutional statements for every cash account (§ 744.3678). A guardian of the person files an annual guardianship plan covering residence, medical status based on an examination within the preceding 90 days, and social condition (§ 744.3675). Filing deadlines are set by § 744.367.

Where you suspect mismanagement but cannot yet prove removal, an objection to the accounting is the practical first move: it forces the guardian to justify each disbursement on the record, and the resulting production frequently supplies the evidence a removal petition needs.

Personal liability of a removed guardian

Removal is not the end of the exposure. On removal, the guardian must account, and the court settles that accounting and may enter judgment for losses caused by the guardian’s conduct. Conflict-of-interest transactions are separately restricted under § 744.446. Note that § 744.108 governs compensation and does not itself create fee-shifting against an opposing party.

Emergency temporary guardianship in Florida

Emergency guardianship for an elderly parent in Florida runs on a different track from an ordinary petition. An emergency temporary guardianship (ETG) is the fastest relief available in a Florida guardianship case. The court may appoint an emergency temporary guardian after a petition to determine incapacity is filed, but only on a specific finding that “there appears to be imminent danger that the physical or mental health or safety of the person will be seriously impaired or that the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken” (§ 744.3031(1)).

The authority is deliberately short. It expires 90 days after appointment, or when a permanent guardian is appointed, whichever occurs first, and may be extended once for an additional 90 days on a showing that the emergency conditions still exist (§ 744.3031(5)). Procedure is governed by Fla. Prob. R. 5.648.

Emergency temporary guardianships cut both ways, and they are the single most common trigger for Florida guardianship litigation. Used properly they stop a bank account from being drained over a weekend. Used improperly they are a way to seize control of a parent before anyone else can be heard. If an ETG has been entered against your family member, the deadline pressure runs against you: the 90 days will be used to build the permanent case.

Defending against an emergency temporary guardianship

Notice of an ETG petition can be as short as 24 hours before the hearing, and the court may dispense with notice entirely on a showing that giving it would cause substantial harm to the person’s health or safety (§ 744.3031(2)). Families frequently learn of the appointment after it has been entered.

Florida sets no express procedure for vacating an emergency temporary guardianship — there is no motion-to-vacate provision in § 744.3031 or Fla. Prob. R. 5.648, and Rule 5.648(e) runs only in the direction of extending authority. What exists instead: the appointment expires by operation of law under § 744.3031(4); a petition for interim judicial review under § 744.3715 challenges the emergency guardian’s conduct; removal proceedings run under §§ 744.474 and 744.477; a court monitor may be appointed under §§ 744.107 and 744.1075; and — usually the most effective route — defeating the underlying petition to determine incapacity moots the ETG altogether. Because the emergency guardian’s powers are specifically enumerated by the order (§ 744.3031(1)), reading that order closely is the first step; authority that was never granted cannot be exercised.

One practical protection: no fees are authorized to an emergency temporary guardian until the final report is filed, which is due within 30 days after the authority expires (§ 744.3031(9)).

Freezing assets in an exploitation case

Where money is actively moving, a vulnerable-adult injunction under § 825.1035 is often faster and broader than the guardianship itself. It may be sought by the vulnerable adult, their guardian, an agent under a durable power of attorney with specific authority, a person acting with the adult’s consent, or someone who simultaneously petitions for incapacity and an emergency temporary guardian (§ 825.1035(2)(a)).

Available relief includes freezing assets held individually, jointly, in trust, or in a guardianship; freezing a line of credit; awarding exclusive use of the dwelling; and prohibiting direct or indirect contact. A temporary ex parte injunction runs for up to 15 days, extendable once by up to 30 more (§ 825.1035(5)(d)).

What rights a ward loses — and keeps

Florida guardianship is not all-or-nothing. Section 744.3215 divides rights into three categories, and the order determining incapacity must specify exactly which rights are removed.

Category	Examples
Rights always retained (§ 744.3215(1))	To be treated humanely and protected from abuse, neglect and exploitation; to have annual review and continuing review of the need for restrictions; to be restored to capacity at the earliest possible time; to a qualified guardian; to remain as independent as possible; to counsel; to access the courts; to privacy; to visitors and communication.
May be removed but not delegated to a guardian (§ 744.3215(2))	To marry (court approval required if contract rights were removed); to vote; to personally apply for government benefits; to have a driver license; to travel; to seek or retain employment.
May be removed and delegated to a guardian (§ 744.3215(3))	To contract; to sue and defend lawsuits; to apply for government benefits; to manage property or make gifts of it; to determine residence; to make health care decisions; to make decisions about social environment and social life.

The distinction matters in a contested case. A guardian who moves a ward across the state, restricts visits, or changes an estate plan may be exercising a right that was never delegated — which is both a removal ground and, often, the strongest evidence available.

Ending a guardianship: restoration of capacity and petitions to terminate

A Florida guardianship can be undone, and restoring rights after guardianship is a defined statutory process rather than a matter of persuasion. Any interested person, including the ward, may file a suggestion of capacity stating that the ward is currently capable of exercising some or all of the rights that were removed (§ 744.464(2)(a)). The court must immediately appoint a physician, who examines the ward and files a report within 20 days (§ 744.464(2)(b)). Objections are due within 20 days after service of notice (§ 744.464(2)(d)).

If objections are filed, or if the examination suggests full restoration is inappropriate, the court sets a hearing and must appoint counsel for the ward if the ward has none (§ 744.464(2)(e)). The ward’s burden is a preponderance of the evidence. The court may restore all rights or only some; on partial restoration the guardian files a new report addressing the remaining rights within 60 days (§ 744.464(3)).

One provision is frequently overlooked and worth quoting to the court: the statute directs that a suggestion of capacity be given priority and that the cause be advanced on the calendar (§ 744.464(4)).

How hard it is to terminate a guardianship in Florida depends on which step you are on. A petition to terminate guardianship in Florida is the separate filing that closes the case once rights are restored, the ward dies, or a minor turns 18. It follows Fla. Prob. R. 5.680, which requires a petition for discharge, a final report, notice to interested persons, and an opportunity to object before the guardian is discharged. Restoration and termination are distinct steps — restoring capacity does not by itself terminate the guardianship or discharge the guardian.

Reducing a plenary guardianship to a limited one

Removal is not the only remedy, and it is often not the right one. Florida has no separate modification statute, but § 744.464 reaches partial relief directly: the court may restore all or some of the rights removed, and where only some are restored the order must say which, and the guardian must file a new report addressing only the rights that remain (§ 744.464(3)(c)). Restoring some rights is functionally how a plenary guardianship becomes a limited one.

Two provisions support the argument. Section 744.372 requires the court to review the appropriateness and extent of the guardianship annually, and § 744.462 directs the court, on a showing that a durable power of attorney, trust, or other alternative would adequately address the ward’s needs, to determine whether a guardianship remains necessary and how far any delegation of rights must extend. The ward also retains the right to continuing review of the need for restriction and to be restored at the earliest possible time (§ 744.3215(1)(b)–(c)), and the guardian has a duty to notify the court on believing capacity has returned (§ 744.361(13)(e)).

Alternatives that can avoid a guardianship

Before litigating, it is worth confirming that a guardianship is necessary at all. Florida courts are required to consider the least restrictive alternative, and a valid instrument already in place will often defeat a petition. Section 744.462 makes this explicit: on a showing that a durable power of attorney, trust, or trust amendment would adequately address the ward’s needs, the court determines whether a guardianship is necessary at all and how far any delegation of rights must extend.

Alternative	What it covers	Authority
Durable power of attorney	Financial and property decisions, if the instrument is valid and the agent is acting properly.	Ch. 709
Health care surrogate	Medical decisions, avoiding a guardian of the person for that purpose.	Ch. 765
Funded revocable trust	Asset management by the successor trustee without a guardian of the property.	Ch. 736
Pre-need guardian declaration	Creates a rebuttable presumption in favor of the person you named while competent.	§ 744.3045
Voluntary guardianship	For a mentally competent adult who, by reason of age or physical infirmity, cannot manage their estate. Requires a physician’s certificate; the ward may terminate it by filing notice.	§ 744.341
Limited guardianship	Removes only the specific rights the person cannot exercise, leaving the rest intact.	§ 744.102(9)(a)
Supported decisionmaking agreement	Lets a trusted person receive information and communicate on the principal’s behalf. Read the limits carefully: it grants no authority to bind or act, it is not durable, and it therefore lapses on incapacity — useful as a planning tool, not as a substitute for a guardian once capacity is gone.	§ 709.2209

How to avoid a guardianship dispute in your family

Most guardianship disputes are avoidable, and the avoidance happens years earlier. Four things account for the majority of the fights we see:

• No pre-need designation. Nobody knows whom the parent would have chosen, so every child believes it should be them. A signed declaration under § 744.3045 resolves this before it starts.
• A power of attorney used without transparency. One sibling holds the POA and does not share statements. Suspicion, not misconduct, is usually what files the petition. Voluntary annual accounting to siblings prevents more litigation than any other single habit.
• Beneficiary and deed changes made late in life. A retitled account or a new deed signed during cognitive decline invites both a guardianship petition and a later deed contest.
• An unnamed successor. When the named agent dies, moves, or becomes unable to serve and there is no alternate, guardianship becomes the only remaining path.

If a guardianship dispute has already started, mediation is worth taking seriously. Florida probate courts routinely order it, and guardianship litigation settles at a high rate once the accountings are on the table — usually faster and for far less than a contested trial.

Moving a ward out of state, and guardianships from other states

A guardian with authority to determine residence may not move the ward out of Florida, or to a non-adjacent Florida county, without court approval (§ 744.1098(1)); adjacent-county moves require notice within 15 days. Moving a ward without that approval is a straightforward removal argument.

Florida has not adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, so there is no registration-and-transfer procedure of the kind many states have. Transferring guardianship between states works differently here. Going out: once domicile has properly changed and a court in the new state has appointed and bonded a guardian, the Florida guardian files a final report and closes the Florida case (§ 744.524). Coming in: a foreign guardian whose ward moves to Florida must file the authenticated order of appointment with the clerk in the ward’s new county within 60 days, after which Florida guardianship law applies (§ 744.306). In practice a new Florida proceeding is usually required — plan for a proceeding, not a transfer.

Guardian advocate vs. guardian

A guardian advocate is a different proceeding and is frequently confused with guardianship. Under § 393.12, a circuit court may appoint a guardian advocate for a person with developmental disabilities without an adjudication of incapacity, where the person lacks the ability to perform some but not all decisionmaking tasks. There is no examining committee. Counsel is appointed within 3 days of the petition, and the burden of proof is clear and convincing evidence. The procedural rule is Fla. Prob. R. 5.649.

If your family member has an intellectual or developmental disability that began before age 18, a guardian advocacy proceeding — not a Chapter 744 guardianship — is likely the correct path.

Appealing a guardianship order in Florida

Guardianship orders are appealable, and the window is short. Under Fla. R. App. P. 9.170(b), appeals in probate and guardianship cases are limited to orders that finally determine a right or obligation of an interested person — but the rule then enumerates twenty-five categories of such orders, and the list is expressly non-exhaustive. The ones that matter most in a contested guardianship:

• Orders determining a petition or motion to determine incapacity or to remove rights of an alleged incapacitated person or ward
• Orders determining a motion or petition to restore capacity or rights of a ward
• Orders that remove or refuse to remove a fiduciary
• Orders that refuse to appoint a guardian
• Orders determining a petition or motion to revoke letters of guardianship
• Orders settling an account of a guardian or other fiduciary
• Orders discharging a fiduciary or the fiduciary’s surety
• Orders granting or denying attorney’s fees or costs

The notice of appeal must be filed with the clerk of the lower tribunal within 30 days of rendition of the order (Fla. R. App. P. 9.110(b)). That deadline is jurisdictional. An order appointing an emergency temporary guardian is not among the enumerated categories, so review of an ETG appointment is a separate question that should be assessed on the specific order rather than assumed.

What guardianship litigation costs in Florida, and who pays

Under § 744.108, a guardian and any attorney who renders services to the ward or to the guardian on the ward’s behalf is entitled to a reasonable fee, paid from the ward’s assets. The court weighs nine enumerated criteria, including the time and labor required, the novelty and difficulty of the questions, the fee customarily charged locally, the value of the property and income involved, and the results obtained (§ 744.108(2)).

In practice: the ward’s estate generally pays the court-appointed attorney for the alleged incapacitated person and the examining committee. Competing family members generally pay their own counsel. Every fee petition must include an itemized description of services and, in most cases, prior notice to the guardian and the ward (§ 744.108(5)–(6)).

The guardian’s own compensation runs through the same statute. Florida sets no hourly rate, no percentage, and no fee schedule for guardians — § 744.108(1) entitles a guardian to a “reasonable fee,” measured against the nine criteria in § 744.108(2) and approved by the court. A professional guardian billing at a rate the estate cannot support is a fee objection, not a mystery.

Fees for contested matters are typically hourly against a retainer. A dispute resolved at or shortly after the incapacity hearing costs a fraction of one that runs through full discovery, forensic accounting, and expert testimony. We will tell you at the consultation which of those your case looks like.

How long a contested guardianship takes

Stage	Typical timeframe
Emergency temporary guardianship	Days. Authority lasts 90 days, extendable once by 90 (§ 744.3031)
Vulnerable-adult injunction (ex parte)	Days. Temporary injunction up to 15 days, extendable up to 30 more (§ 825.1035)
Statutory track to the incapacity hearing	Roughly 30–50 days: committee appointed within 5 days, reports within 15, hearing 10–30 days after the last report
Contested incapacity hearing in practice	Often 60–120 days, once continuances and independent evaluations are added
Contested appointment or removal	6 months to over a year, depending on discovery and the court’s docket
Suggestion of capacity	Statutorily expedited — physician’s report within 20 days, objections within 20 days, and the court must advance the cause on the calendar (§ 744.464)

What to bring to a consultation

• Any petition, order, or letters of guardianship already filed, and the case number
• Examining committee reports, medical records, and neuropsychological evaluations
• Bank and brokerage statements, and any annual accounting filed by the guardian
• Deeds, and any recent transfers or beneficiary-designation changes
• Existing estate planning documents — durable power of attorney, health care surrogate, will, trust, pre-need guardian declaration
• Anything documenting the conduct at issue: texts, emails, transaction records, visitor logs, facility records

Key terms

Term	Definition under Ch. 744
Ward	A person for whom a guardian has been appointed (§ 744.102).
Plenary guardian	A guardian appointed to exercise all delegable legal rights and powers of the ward, after a finding that the ward lacks capacity to perform all tasks necessary to care for person or property.
Limited guardian	A guardian appointed to exercise only the rights specifically designated by court order, after a finding that the ward lacks capacity to do some but not all such tasks.
Examining committee	Three professionals appointed by the court within 5 days of the petition to evaluate the alleged incapacitated person and report (§ 744.331(3)).
Interested person	A person who may reasonably be expected to be affected by the outcome of the proceeding.
Guardian ad litem	An impartial party appointed to investigate and report to the court on the ward’s best interests. Not the ward’s attorney.
Suggestion of capacity	The filing that begins restoration of a ward’s rights (§ 744.464).
Surcharge	A claim to hold a fiduciary personally liable for losses caused by a breach of duty.
Interim judicial review	A petition any interested person may file at any time challenging the guardian’s conduct, including denial of visitation (§ 744.3715).
Court monitor	A person appointed by the court to investigate and report on a guardianship (§ 744.107; emergency monitor, § 744.1075).
Alleged incapacitated person	The subject of a pending petition to determine incapacity, before any adjudication.

Where we handle contested guardianship cases

We handle contested guardianship Florida matters statewide — adult guardianship disputes, guardianship litigation, and probate litigation matters throughout Florida, and regularly represent out-of-state family members whose cases are proceeding in Florida courts. Venue lies in the probate division of the circuit court in the county where the alleged incapacitated person resides. If your matter is local, see our South Florida guardianship attorney and Miami guardianship attorney pages.

Region	Counties
South Florida	Miami-Dade, Broward, Palm Beach, Collier, Monroe
Central Florida	Orange, Osceola, Seminole, Volusia, Polk, Hillsborough, Pinellas
Northeast Florida	Duval, St. Johns, Clay
Southwest Florida	Lee, Sarasota and Manatee, Charlotte
Treasure Coast	St. Lucie, Martin, Indian River

Frequently asked questions

How do I contest a guardianship in Florida?

To fight a guardianship in Florida, file an objection in the pending adult guardianship case and appear at the adjudicatory hearing. The alleged incapacitated person is entitled to court-appointed counsel under § 744.331(2), and any interested person may present evidence, cross-examine the examining committee, and argue that a limited guardianship or an existing power of attorney is the least restrictive alternative.

How do I remove a guardian in Florida?

File a petition for removal proving one of the 21 grounds in § 744.474 — most commonly failure to discharge duties, mismanagement of the ward’s property, failure to file required accountings, or a conflict of interest. The court may remove the guardian, appoint a successor, and require an accounting of the removed guardian’s administration.

Can a guardianship be reversed in Florida?

Yes. Any interested person, including the ward, may file a suggestion of capacity under § 744.464. The court immediately appoints a physician, whose report is due within 20 days, and objections are due within 20 days of notice. Rights may be restored in whole or in part, and the statute requires the court to advance the matter on its calendar.

Who pays attorney’s fees in a Florida guardianship?

Under § 744.108, the ward’s estate generally pays the guardian’s attorney, the attorney appointed for the alleged incapacitated person, and the examining committee. Competing family members ordinarily pay their own counsel. Fee petitions require itemized descriptions and, in most cases, prior notice to the guardian and the ward.

How long does an emergency temporary guardianship last in Florida?

An emergency temporary guardian’s authority expires 90 days after appointment, or when a permanent guardian is appointed, whichever occurs first. It may be extended once for an additional 90 days on a showing that the emergency conditions still exist (§ 744.3031(5)). Appointment requires a specific finding of imminent danger to the person or their property.

What rights does a person lose under a Florida guardianship?

It depends on the order. Section 744.3215 separates rights always retained — humane treatment, counsel, court access, privacy, visitors, restoration at the earliest possible time — from rights that may be removed but not delegated, such as voting, marriage, and a driver license, and rights that may be removed and delegated to a guardian, such as contracting, managing property, and health care decisions.

Can a guardian sell the ward’s house in Florida?

Not unilaterally. Under § 744.441(12), a guardian of the property must obtain prior court approval on a petition for authorization to act before selling, mortgaging, or leasing any real property of the estate — homestead included. A sale completed without that approval is a serious problem and a ground for removal.

Who can be appointed guardian in Florida, and who is disqualified?

Any fit and proper resident adult may serve, with preference under § 744.312(2) for relatives and for people with relevant financial or professional experience. Section 744.309(3) disqualifies persons with certain criminal history and other statutory bars. Nonresidents may serve only where a listed family relationship exists.

Can an out-of-state family member serve as guardian in Florida?

Only if related to the ward as § 744.309(2) requires: by lineal consanguinity; as a legally adopted child or adoptive parent; as a spouse, brother, sister, uncle, aunt, niece, or nephew, or someone related by lineal consanguinity to one of those people; or as the spouse of a person otherwise qualified. An unrelated out-of-state friend cannot serve.

Does a power of attorney prevent a guardianship in Florida?

Not automatically, but a valid and properly used durable power of attorney is strong evidence that a guardian of the property is unnecessary. A court may still appoint a guardian where the agent is exceeding authority, self-dealing, or unable to act — and the power of attorney itself can be challenged for capacity or undue influence.

What happens when family members disagree about who should be guardian?

The court decides based on the ward’s best interests, not seniority or proximity. It weighs the statutory preferences in § 744.312, the wishes the person expressed while competent, any guardian named in a will, and the wishes of next of kin. A pre-need guardian declaration creates a rebuttable presumption in favor of the person named.

How much does it cost to contest a guardianship in Florida?

Contested guardianship work is billed hourly against a retainer, and cost tracks the stage at which the case resolves. A dispute settled at or shortly after the incapacity hearing costs a fraction of one that proceeds through full discovery, forensic accounting, and expert testimony. We give a candid range at the consultation once we have seen the filings.

How long does a contested guardianship take in Florida?

The statutory track to an incapacity hearing runs roughly 30 to 50 days. In practice, contested incapacity matters commonly take 60 to 120 days, and contested appointment or removal proceedings run 6 months to over a year depending on discovery and the court’s docket. Emergency relief is available within days.

Can a guardian be held personally liable for mismanaging the ward’s money?

Yes. A removed guardian must account for the administration, and the court may surcharge the guardian for losses caused by the breach. Conflict-of-interest transactions are separately restricted under § 744.446. Personal liability is distinct from removal — a guardian can be removed and still owe the estate money.

What is the difference between a guardian and a guardian advocate in Florida?

A guardian advocate is appointed under § 393.12 for a person with developmental disabilities and requires no adjudication of incapacity and no examining committee. A Chapter 744 guardianship requires both. If the disability began before adulthood, guardian advocacy is usually the correct and less restrictive proceeding.

Can I appeal a Florida guardianship order?

Yes. Fla. R. App. P. 9.170(b) makes appealable any order finally determining a right or obligation of an interested person and enumerates twenty-five categories, including orders determining incapacity, removing or refusing to remove a fiduciary, restoring rights, settling accounts, and awarding fees. The notice of appeal is due within 30 days of rendition (Rule 9.110(b)).

Can a guardian stop me from seeing my parent in Florida?

Not without justification. A ward retains the right to receive visitors and communicate with others (§ 744.3215(1)(m)), and a guardian must allow contact with family and friends unless the guardian believes it may harm the ward (§ 744.361(13)(b)). Denial of visitation is an express ground for a petition for interim judicial review under § 744.3715, which the court must act on expeditiously.

Can two family members serve as co-guardians in Florida?

Yes. Chapter 744 expressly contemplates it — § 744.361(9) provides that when two or more guardians have been appointed, they shall consult with each other — and Florida courts routinely split guardian of the person from guardian of the property. What the statute does not provide is a tie-breaker, so the appointing order must define who decides what and how a deadlock is resolved.

Can a guardian move the ward out of Florida?

Not without court approval. Section 744.1098(1) bars a guardian from changing the ward’s residence out of state, or to a non-adjacent Florida county, without the court’s authorization. Florida has not adopted the UAGPPJA, so there is no simple interstate transfer — closing a Florida guardianship after a domicile change runs through § 744.524.

Can a plenary guardianship be reduced to a limited one?

Yes. Under § 744.464(3), the court may restore all or some of the rights removed; where only some are restored, the order must specify which, and the guardian files a new report covering only the remaining rights. Section 744.372 separately requires the court to review the appropriateness and extent of every guardianship annually.

How much does a guardian get paid in Florida?

Florida sets no rate, percentage, or fee schedule. Section 744.108(1) entitles a guardian to a reasonable fee, which the court measures against the nine criteria in § 744.108(2) — including the time and labor required, the value of the estate, the results obtained, and the customary local charge. Excessive guardian compensation is challenged by objecting to the fee petition.

What is the standard of proof for incapacity in Florida?

Clear and convincing evidence. Section 744.331(5)(c) requires that partial or total incapacity be established by that standard at the adjudicatory hearing — higher than the preponderance standard in ordinary civil cases. Restoration runs the other way: the ward’s burden under § 744.464(3)(b) is a preponderance.

What is the difference between guardianship and conservatorship in Florida?

Florida uses “guardianship” for the arrangement most other states call conservatorship. Florida’s separate conservatorship statute applies to absentees. If you are researching a conservatorship for an incapacitated Florida adult, you are looking for a guardianship — see conservatorship in Florida.

Talk to a Florida contested guardianship attorney

Guardianship litigation runs on deadlines. If a petition has been filed against a family member, if a guardian is not accounting for money, or if you need emergency relief to stop assets from moving, the timeline is already running. A short call will tell you where you stand and what your deadlines are, at no cost.

Call (305) 224-6811 or send us a message.

About the author

Jose M. Lorenzo, Jr. (Florida Bar No. 107002) practices probate, trust, and guardianship litigation at Lorenzo Law in Coral Gables, Florida. He represents petitioners, objecting family members, and wards in contested guardianship proceedings throughout Florida, and regularly acts for out-of-state relatives whose matters are pending in Florida courts.

Jose M. Lorenzo, Jr. is the lawyer responsible for the content of this page. Last updated August 23, 2026. Statutory citations are to the Florida Statutes and the Florida Probate Rules as of that date; statutes and rules change, and the current text should be confirmed before any citation here is relied on.

This page is general information about Florida law, not legal advice, and does not create an attorney-client relationship. Contacting the firm does not create one either — please do not send confidential information until an attorney-client relationship has been established in writing.