Guardianship Litigation
Home / Practice Areas / Guardianship Litigation
Guardianship Litigation
Guardianship litigation exists in the following ways::
- Whether the alleged incapacitated person is actually incapacitated (and to what extent)?
- If the alleged incapacitated person is incapacitated, who should be appointed as Guardian?
- When a Guardianship case exists, but the Guardian is not doing their job or fulfilling the court’s requirements.
- When a Guardianship case exists, and the Ward is not being cared for properly.
Examples of certain questions that may indicate the possibility of guardianship litigation:
- Who should be named as the guardian of my mom?
- Where should my father live, in an adult living facility or at home?
- What’s going on with my aunt’s bank accounts?
- Is my autistic brother getting adequate care?
- What is my sister’s guardian doing with her money?
- My grandmother is hoarding newspapers and cats… and my sister is helping her do this.
- How can I help her?
- My brother was appointed Guardian for our Father but if this is the case, why is he living in deplorable conditions?
If you have asked yourself any one of those questions, you may need to pursue action. A Guardian is held to a higher standard known as a fiduciary. With this title comes responsibilities and duties as well as the ability to make decisions for the ward, the individual subject to a guardianship. Many times these issues may be resolved without litigation. At Irama Valdes, P.A. we assess each situation to determine the most effective and cost-efficient plan of action to ensure the ward is properly being cared for.
For a consultation with Irama Valdes, P.A. call (305) 477-1111 or send us an e-mail. We serve all of Florida.
Hablamos Español.
Please note: Accessing, reading and reviewing this site or sending us an email alone will not make you a client of Get Ahead Legal (formerly Irama Valdes, P.A.) The information found on this site is not to be construed as providing legal advice or making representations upon which the public (you) may rely on for any purpose.
Until we have agreed to represent you, anything you send us may not be confidential or privileged. Only after we conduct our conflict of interest check and otherwise determine that we are able to accept the engagement will we be ready to service your needs.
START THE PROCESS
Fill out our getting started form and schedule an appointment
Recent Posts
Your Name Is on the Mortgage. But Is It on the Title?
They are not the same thing — and confusing the two can have serious consequences for your rights to your own home. It happens more often than you might expect. A client walks into my office, grieving, stressed, or in the middle of a family dispute, and they say it:
The 65-Day Rule: One of the Most Powerful Trust Tax Strategies
With tax day upon us, I thought it When it comes to trust administration, timing can determine who ultimately pays the tax. The “65-Day Rule” gives trustees a limited opportunity after year-end to make strategic decisions that can significantly reduce tax liability. What Is the 65-Day Rule? The 65-Day Rule
How to Set Healing Goals While Navigating Grief and Loss
Words by: Annabelle Harris Miami residents facing family loss often have to keep moving while grief pulls focus in the opposite direction. For grieving individuals, the emotional challenges of grief, shock, fatigue, anger, numbness, and guilt, can make basic decisions feel heavy, and legal responsibilities can add pressure at