Fort Myers Guardianship Litigation Lawyer
Sometimes a family member or other interested party may feel the need to impose a guardianship over another person’s personal or legal affairs, due to the individual’s illness or incapacity, often arising as part of the aging process. Other family members or interested parties may not feel the same way, however, including the proposed subject of the guardianship him or herself. The Fort Myers guardianship litigation lawyers at Kuhn Law Firm, P.A. help parties resolve such dispute through guardianship litigation in the courts of Lee County, as well as neighboring communities in Collier and Charlotte counties such as Naples and Port Charlotte.
Guardianship litigation may arise on a number of grounds. At Kuhn Law Firm, P.A., our attorneys offer practical advice and effective representation in the full range of guardianship litigation, including lawsuits brought along any of the following lines:
Incapacity
A guardian is often given considerable control over another person’s care, including the right and responsibility to manage the ward’s finances and legal affairs. Guardians owe fiduciary duties to act in the best interest of the ward, and they must be competent and capable to carry out their tasks. Challenges to the guardian’s fitness to serve may attack the guardian’s capability to make prudent and proper financial and legal decisions.
Abuse
A guardian may have control over an individual’s daily care. Allegations of abuse or neglect, including financial abuse, physical abuse, sexual abuse or emotional abuse, are taken very seriously and can result in the removal of the guardian along with criminal sanctions or civil liability to the ward.
Lack of Care
An individual under a guardianship is entitled to receive proper medical care and other services necessary for the ward to maintain the highest quality of life that is reasonably attainable. This includes opportunities to pursue education or other prospects for self-improvement. Litigation may ensue when it is felt the guardian is impeding the ward’s quality of life or otherwise providing inadequate care.
Special Needs
When a child with special needs or disabilities turns 18, the parents or other concerned family members may feel the need for a guardianship to continue making important decisions regarding the individual’s health care, finances and other matters related to daily living. Special needs guardianships still require a judicial determination of incapacity and a judicial determination of the extent of powers and duties of the guardian, and the propriety of both determinations may be disputed by the potential ward or other individuals. Kuhn Law Firm attorneys resolve such disputes through strong and effective representation in court based on years of experience in Florida guardianship litigation.
Knowledgeable Representation in Fort Myers Guardianship Litigation
Involuntary guardianships may be sought by parents over children who have just reached adulthood, or by adult children seeking to establish a guardianship over their parents. In either case, the ward or close relatives may oppose or fight such moves at the outset, or any time during the existence of a guardianship. Whether contesting the imposition of a guardianship or decisions made by a guardian, the guardianship litigation attorneys at Kuhn Law Firm, P.A. provide strong, incisive, representation to help resolve the dispute effectively in our clients’ best interests.
For help with a guardianship litigation matter in Fort Myers, Naples, Port Charlotte or surrounding areas, call Kuhn Law Firm, P.A. for a no-cost, confidential consultation at 239-333-4529.
