Guardianship exists to protect vulnerable people. But what happens when the person appointed to protect becomes the problem?

It happens more often than most families expect. A guardian stops filing reports. Money disappears from the ward’s account. Medical decisions are made that seem to benefit the guardian, not the ward. Family members are cut off from visiting. The ward’s condition deteriorates while the guardian remains silent.

If you are watching this happen and feeling powerless, you need to know something: Florida law gives you tools to act. You do not have to stand by.

What Guardian Misconduct Looks Like

Under Florida law, a guardian is a fiduciary. That means they hold a position of special trust and must act in the ward’s best interests at all times. Misconduct can take many forms:

• • Financial exploitation: Using the ward’s money for personal expenses, making unauthorized purchases, failing to pay the ward’s bills, or commingling the ward’s funds with their own
• • Neglect of duties: Failing to file annual guardianship reports (F.S. §744.367), failing to file annual accountings, or failing to implement the guardianship plan
• • Isolation: Preventing family members, friends, or advocates from visiting or communicating with the ward without court authorization
• • Medical neglect: Failing to ensure the ward receives proper medical care, missing appointments, or making medical decisions against the ward’s expressed wishes or best interests
• • Self-dealing: Entering into transactions that benefit the guardian at the ward’s expense
• • Failure to account: Inability or refusal to explain how the ward’s funds have been spent

What You Can Do About It

Florida law provides several mechanisms for holding guardians accountable:

1. Request a Court Monitor

Under F.S. §744.107, any interested person can ask the court to appoint a court monitor to investigate concerns about a guardian’s conduct. The monitor has the power to examine documents, interview the ward, and report findings to the court. This is often the fastest way to get an independent set of eyes on the situation.

2. File a Petition for Removal

Under F.S. §744.474, a court can remove a guardian who has:

• • Failed to discharge their duties
• • Abused their powers
• • Become incapacitated themselves
• • Been convicted of a felony
• • Failed to comply with court orders or reporting requirements
• • Become insolvent or failed to maintain required bond
•  

Any interested person, including a family member, can file a petition for removal. The court will hold a hearing, and if it finds grounds for removal, it will appoint a successor guardian.

3. Object to the Annual Accounting

Every guardian of property must file annual accountings with the court showing how the ward’s money was spent. Any interested person can object to these accountings if they believe funds were misused. The court will review the objection and may order a full audit.

4. Report to the Statewide Public Guardianship Office

If the guardian is a professional guardian (someone who serves as guardian for compensation and for more than one ward), they are registered with the Statewide Public Guardianship Office. Complaints about professional guardians can be filed with this office, which has investigative authority.

What Happens After a Guardian Is Removed

When a court removes a guardian, it must appoint a successor. The court will consider family members, professional guardians, or in some cases, a public guardian. The removed guardian is required to file a final accounting and turn over all of the ward’s property to the successor.

In cases involving financial exploitation, the court may order the removed guardian to return misappropriated funds. Criminal charges are also possible under Florida’s exploitation statutes.

The Hardest Part: Deciding to Act

We understand that challenging a guardian, especially when it is a family member, is emotionally difficult. You may worry about creating conflict, being wrong, or making the situation worse.

But consider the alternative. If a guardian is misusing their authority, the ward is the one who suffers. They cannot advocate for themselves. That is the entire reason they have a guardian in the first place.

If you suspect something is wrong, trust your instincts. The court system exists to investigate, and if your concerns are unfounded, the investigation will show that. But if your concerns are justified, acting now could prevent further harm to someone who cannot protect themselves.