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Guardianship Litigation

An Experienced Guardianship Attorney to Protect You and Your Loved One

If a loved one has become incapacitated and is no longer able to care for themselves, or you fear someone may be taking advantage of them, you need the help of an experienced guardianship attorney. Mr. Thomas Upchurch in Daytona Beach, FL, has successfully litigated a large number of legal guardianship cases. This legal process can protect a vulnerable individual from unscrupulous acts and ensure they are able to receive necessary care. Florida courts have a strict set of guidelines to determine appropriate guardians for at-risk individuals. Mr. Upchurch can assist your family in this process, and make sure that a qualified and compassionate individual is appointed guardian of your loved one. Contact us today to schedule a free consultation.

What is Legal Guardianship?

When feasible, courts will consider less restrictive alternatives to guardianship in order to preserve an incapacitated individual’s ability to act on their own behalf. However, if that person is manipulated or abused, the courts may step in.

There are different circumstances that can trigger a guardianship case. Often, an alleged incapacitated person (AIP) is being taken advantage of, or they are under the effects of undue influence. Extended family or a friend may then step in to protect their loved one’s rights. Many guardianship cases can also involve estranged siblings, who each believe they are most capable of taking care of an aging parent. Other cases can revolve around spouses and children from a previous marriage. Most guardianship cases include allegations of physical or financial abuse.

Mr. Upchurch has a proven track record of success in cases involving all types of probate law, including guardianship cases.

How Does the Court Appoint a Guardian?

If the opposing parties cannot reach an agreement about who should care for their loved one, the case will go to trial. The court will heavily weigh the personal preferences of the ward. It will also consider the desires of the ward’s spouse and family. In addition, there are a number of legal guidelines to help the court make a decision that is in the ward’s best interests. Ultimately, the court will more seriously consider those who:

  • Are related to the ward by blood or marriage
  • Have educational or professional experience enabling them to better care for the ward
  • Are capable of handling the financial responsibilities of guardianship
  • Can take care of the unique needs of the ward

While guardianships are a means of last resort, they offer a high level of protection through the court’s supervision. Once appointed, a guardian will have a bond, which acts as an insurance policy to protect the ward’s financial assets. The guardian must also make annual financial reports to the courts. If a caretaker was taking advantage of a ward, a guardianship can effectively stop such activity.

Choose Mr. Upchurch for Your Guardianship Case

Guardianship cases can be emotionally and mentally trying for all concerned. Mr. Upchurch has a proven track record of success in cases involving all types of probate law, including guardianship cases. He will fight for your loved one’s rights, ensuring that he or she is placed under the care of a trustworthy individual. After seeing that a qualified guardian is named, Mr. Upchurch can work with you and the ward to recover any assets that may have been lost through financial abuse.

Contact Our Firm Today

If you suspect that a family member or friend is a victim of exploitation, or is not receiving appropriate care, contact us today to learn more. We can help you ensure your loved one and their assets are protected.