Conservatorship in Florida

Q: Who counts as an “absentee” under Florida law?

§747.01 defines two categories, and they are narrow: Missing during hostilities. A person serving in or with the Armed Forces, the Red Cross, the Merchant Marine or otherwise during a period when a state of hostilities exists, who is reported missing, interned, besieged or captured. Disappearance. Any Florida resident, or any person owning property in Florida, who disappears under circumstances indicating they may have died — naturally, accidentally or at the hand of another — or who may have disappeared as a result of “mental derangement, amnesia or other mental cause.” Notice what is absent from that list: age, dementia, disability, and incapacity. A person sitting in a Florida nursing home is not an absentee, and no Chapter 747 conservatorship is available for them.

Q: What is the difference between guardianship and conservatorship?

In Florida the difference is who the proceeding is for, not what the appointed person does. A guardian is appointed for a living, locatable person who has been found to lack capacity. A conservator is appointed for someone who cannot be found at all. Their powers over property are drawn from the same chapter; the triggering facts are completely different.

Q: Why do other states use the word conservatorship?

Because many states split the role in two: a guardian over the person, and a conservator over the money. Widely covered out-of-state cases have made “conservatorship” the common term nationally, and Florida families reasonably assume it applies here. Florida instead uses one proceeding — guardianship — and distinguishes between guardianship of the person, of the property, or both.

If you are searching for a conservatorship in Florida because a parent or spouse can no longer manage their own affairs, you are almost certainly looking for the wrong proceeding. Florida does have a conservatorship statute. It does not do what conservatorship does in most other states.

Does Florida have conservatorship?

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Yes, but not the kind you are probably looking for. Florida’s conservatorship law is Chapter 747, and it applies only to absentees — people who are missing. For an adult who is alive, present, and unable to manage their own affairs because of dementia, injury or illness, the correct Florida proceeding is guardianship under Chapter 744.

What is a Chapter 747 conservatorship in Florida?

It is a court-supervised arrangement to protect the property of someone who has disappeared or cannot be reached. A circuit court appoints a conservator to manage the absentee’s property until they return or their status is resolved. Under §747.035(1), the conservator “shall have all the rights, powers, and duties of a guardian of the property as established in chapter 744” — which is why the two proceedings look similar on paper while applying to entirely different people.

Who counts as an “absentee” under Florida law?

§747.01 defines two categories, and they are narrow:

Missing during hostilities. A person serving in or with the Armed Forces, the Red Cross, the Merchant Marine or otherwise during a period when a state of hostilities exists, who is reported missing, interned, besieged or captured.
Disappearance. Any Florida resident, or any person owning property in Florida, who disappears under circumstances indicating they may have died — naturally, accidentally or at the hand of another — or who may have disappeared as a result of “mental derangement, amnesia or other mental cause.”

Notice what is absent from that list: age, dementia, disability, and incapacity. A person sitting in a Florida nursing home is not an absentee, and no Chapter 747 conservatorship is available for them.

What is conservatorship called in Florida?

Guardianship. If your relative is incapacitated and someone needs legal authority over their money, their medical decisions or both, the proceeding is a Chapter 744 guardianship and the person appointed is a guardian, not a conservator. We cover that process in detail on our Florida adult guardianship page.

What is the difference between guardianship and conservatorship?

In Florida the difference is who the proceeding is for, not what the appointed person does. A guardian is appointed for a living, locatable person who has been found to lack capacity. A conservator is appointed for someone who cannot be found at all. Their powers over property are drawn from the same chapter; the triggering facts are completely different.

Why do other states use the word conservatorship?

Because many states split the role in two: a guardian over the person, and a conservator over the money. Widely covered out-of-state cases have made “conservatorship” the common term nationally, and Florida families reasonably assume it applies here. Florida instead uses one proceeding — guardianship — and distinguishes between guardianship of the person, of the property, or both.

How is a conservator appointed for an absentee in Florida?

The petition is filed in circuit court, which has jurisdiction under §747.02. Under §747.03(1), it may be brought by “any person who would have an interest in the property or estate of the absentee” or by anyone dependent on the absentee for maintenance or support. From there the chapter follows a recognisable sequence:

§747.031 — notice and hearing
§747.032 — order of appointment
§747.033 and §747.034 — oath and bond
§747.051 — a summary procedure for smaller or simpler estates
§747.052 — a separate route for an order authorising action by a spouse or next of kin

What happens to a conservatorship if the absentee returns?

It ends, and the property goes back. §747.04(1) provides that on petition signed by the absentee, “the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney in fact.” The statute is written on the assumption that the absentee may well come back — which is precisely what separates it from guardianship.

What should you file if your relative is incapacitated in Florida?

Not a conservatorship. If your relative is present and lacks capacity, the options are a Chapter 744 guardianship or, better and far cheaper, the planning documents that avoid guardianship entirely — a Florida durable power of attorney and a designation of health care surrogate, signed while capacity remains. Guardianship is the outcome families reach when those documents were never executed.

One narrow exception is worth knowing: §747.011 treats an absentee as incompetent for certain limited purposes, which occasionally matters where property must be dealt with and the owner cannot be located.

Contact Lorenzo Law for Guardianship Legal Representation

Navigating the legal process of guardianship in Florida requires careful planning, thorough documentation, and an understanding of the state’s complex guardianship statutes.

Whether you are seeking guardianship over a minor, incapacitated adult, or developmentally disabled loved one, you need a legal advocate who understands the intricacies of Florida guardianship law.

At Lorenzo Law, our experienced Florida guardianship attorneys are here to walk you through every step of the process—from filing the guardianship petition to the final discharge.

If you are searching for a “guardianship lawyer near me” or a “guardian attorney near me,” contact our office today for direct guidance.

A knowledgeable Florida guardianship lawyer can explain your rights, responsibilities, and options when navigating guardianship in Florida.

We handle guardianship cases throughout Florida, including Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, and Duval Counties. Florida, including Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, and Duval Counties.

Would you like to schedule a consultation to discuss whether a guardianship petition is the right step for your family?

Contact me now if you need help with guardianship in Florida, and a dedicated Florida guardianship lawyer will guide you through every step with precision and urgency.