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My son received temporary guardianship under false pretenses, do I have any recourse with his him or his attorney?

Fort Myers, FL |

My elderly friend received notice his son was now his guardian and he has no rights on life choices any longer, nor access to mail, bills, or money. Then he found out he's footing the entire bill. He and his attorney brought evaluations from 2 months prior to the actual filing (interviews conducted just after he had surgery). He was living in an assisted living facility in own apt. after he recovered and on the day they filed. There is nothing wrong with him, sharp as a tack and moving around. He now relies on friends for incidentals as he has not seen nor heard from him since surgery. Why should he have to pay for all the expenses when it should not have been filed and awarded in the first place? Isn't his attorney liable here also?

Attorney Answers 4


  1. I am not sure from your question whether or not your friend has consulted an attorney. Under Florida guardianship procedure, an attorney would have been appointed to represent your friend in the guardianship proceedings. That being said, your friend has the right to choose his own attorney if he wishes to you. I would advise that he determined to the appointed attorney is, by going to the clerk of court website for your county. Then, he should either consult that attorney or consulting attorney of his choosing. Either way, he should meet with a guardianship attorney as soon as possible to determine what recourse he may have in having the guardianship removed or modified.


  2. Based on the information you have provided, I strongly advise that your elderly friend contact an attorney who can properly evaluate the current guardianship and the necessity for the guardianship.

    An attorney/client relationship is not deemed to exist as a result of answering a question.


  3. Per Florida law, an attorney should have been appointed by the Court to represent your friend. I suggest your friend direct his questions to that attorney. Your friend can hire his own guardianship attorney. I suggest Lance McKinney, he is located in your area. If your friend has regained capacity, he can Petition the Court to terminate the guardianship. If the guardianship is only an Emergency Temporary Guardianship, it will last for 90 days, or until the Court decides whether or not a permanent guardian should be appointed.


  4. Is it an emergency temporary guardianship or was there a full blown hearing after 3 examining committee members evaluated your elderly friend? As the other attorneys mentioned, your elderly friend should have been appointed an attorney by the Court to represent him in this matter. If it was just an emergency temporary guardianship, then like one of the other attorneys mentioned, that is only good for up to 90 days. If the full blown guardianship hearing has already taken place and your elderly friend was declared incapacitated by the Court, then he can always seek to have his capacity restored if he is capable of handling his own affairs.