Daughter vs. Mother: when contested Florida guardianships get difficult
When someone files a guardianship action, they are asking a court to intervene –in a substantial way — in a person’s life. That person is often referred to as the “alleged incapacitated person”, who later is referred to as the “ward” if that person is found to be incapacitated by a judge. Florida probate litigators and Florida probate lawyers know that everyone’s role is to protect and look out for the best interests of the ward. Guardianships are an attempt to restrict the ward’s basic human and personal rights: such as the right to marry, to contract, to vote, to manage one’s finances, to choose where to live, etc. In a guardianship proceeding in Florida, the petitioner is asking a judge to take away some or all of those human rights/personal rights from the ward. This is serious stuff. It can be uncomfortable for family members when, for example, a daugther alleges that a mom or dad is no longer able to care for themselves—that mom has limited or diminished capacity to act on her own. It gets more uncomfortable when mom “fights” the incapacity proceedings. The Searle case is a recent Florida guardianship case from Florida’s 2nd District Court of Appeal, with daughter versus mother.