Baskin Eisel Rightmyer handles all aspects of contested guardianship litigation in Clearwater, St. Petersburg, Tampa, Pinellas County, Hillsborough County and throughout the state of Florida. Contested guardianships are those which involve either the establishment of a guardianship where various parties may petition the court to be appointed guardian or situations where the alleged incapacitated person may not, in fact, be incapacitated, or reasonable alternatives to a guardianship may exist.
Petitions to determine incapacity, in many cases, are filed to prevent the exploitation or further exploitation of an individual, often a loved one, by someone who has taken over the financial, medical and social affairs of an individual who is incapacitated and unable to resist the undue influence of others. Cases may range from the financial exploitation of the alleged incapacitated person to protecting their physical or mental health and safety.
The Order Determining Incapacity may result in the loss of substantial Civil Rights, including:
- the right to vote
- to determine one’s own medical treatment
- to handle one’s own financial affairs
- to make a will, change a will, gift or disposition of property
- to determine one’s own residence
- to travel unsupervised
- and more.
The filing of a guardianship, while unfortunate, is often the only means to stop the financial exploitation and wrest control away from the exploiter, who can be a stranger, but who may also be a neighbor, caregiver, friend, or even a family member. These cases are wrought with emotion and an experienced attorney can help you navigate the potential pitfalls one can find themselves in during these stressful situations.
