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Can you ask the court to monitor a guardian’s actions?

It is always difficult to see your loved one assigned to be the ward of a professional guardian in Miami. Yours and your loved one’s lack of a personal relationship with the guardian is likely the main source of your reservations. Stories of professional guardians abusing the authority entrusted to them are out there, which may be perceived as an implication that they can operate with impunity. Yet are there ways for you to monitor a guardian’s actions?

The answer to that question can be found in Section 744.107 of the Florida Guardianship Law. Here, it details the appointment of court monitors. The law specifically states that you can petition the court to have a monitor assigned to investigate your loved one’s guardianship case. Be aware, however, that if it is determined that you filed your petition in bad faith, the court can require you to cover the entire cost of the proceedings, as well as any associated attorney’s fees.

A court monitor is empowered to undertake any of the following actions:

  • Investigate both your loved one and his or her assigned guardian
  • Interview the guardian as well as his or her wards
  • Examine any documents related to your loved one’s care and case

Upon the completion of his or her investigation, the court monitor will submit a report to the court detailing his or her findings. If the monitor’s report indicates that your loved one’s guardian is abusing his or her powers, the court may move to protect or freeze your loved one’s assets, require an accounting from the guardian, amend the guardianship plan, or suspend or remove the guardian from the case altogether. 

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