Conservatorship in Florida
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 — and the reason is a vocabulary problem, not a legal one. Florida does have a conservatorship statute. It does not do what conservatorship does in most other states. The word you actually need in a Florida courthouse is guardianship, and the sooner you switch vocabularies the faster you will find the right forms, the right statutes and the right lawyer. We at Lorenzo Law handle Florida guardianship and Chapter 747 conservatorship matters statewide, and this page is the translation guide we wish every family had before they started searching.
Does Florida have conservatorship?
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, stroke, injury or illness, the correct Florida proceeding is guardianship under Chapter 744, and the person appointed is a guardian, not a conservator.
That single distinction is the source of nearly every wrong turn Florida families take at the start of one of these cases. People arrive at the clerk’s office asking for conservatorship paperwork for a living parent and are handed nothing useful, because no such proceeding exists for that person in this state.
The words Florida uses instead: a translation table
Most of the confusion clears up the moment you translate the vocabulary. If you have been reading about conservatorship on a national website, in a California or Tennessee article, or in coverage of a well-known court case, here is what each of those terms is called under Florida guardianship law.
| What you have been reading | What Florida calls it | Authority |
|---|---|---|
| Conservator (manages money and property) | Guardian of the property | § 744.102(9) |
| Guardian (makes personal and medical decisions) | Guardian of the person | § 744.102(9) |
| Conservator of both money and person | Plenary guardian — exercises all delegable rights | § 744.102(9)(b) |
| Limited conservatorship | Limited guardian — only the rights the order specifies | § 744.102(9)(a) |
| Conservatee / protected person | Ward | § 744.102(22) |
| Finding that someone needs a conservator | Adjudication of incapacity | § 744.331 |
| Petition for conservatorship | Petition to determine incapacity plus a petition for appointment of guardian | § 744.3201 |
| Letters of conservatorship | Letters of guardianship | Ch. 744 |
| Emergency or temporary conservatorship | Emergency temporary guardianship | § 744.3031 |
| LPS conservatorship (mental health) | Guardian advocate under the Baker Act | § 394.4598 |
| Limited conservatorship for a developmental disability | Guardian advocate | § 393.12 |
| Conservator in the Florida statutes | Reserved for a missing person’s property only | Ch. 747 |
One detail tells you how firmly Florida has drawn this line: “conservator” is not a defined term in Chapter 744 at all. Section 744.102 defines twenty-two terms — guardian, ward, incapacitated person, foreign guardian, guardian advocate, preneed guardian and others — and conservator is not among them. The word appears in Chapter 744 in exactly one place, and only to describe a fiduciary appointed by another state’s court.
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.
Chapter 747 is also very old law. It dates to 1945 and was substantially rewritten in 1971, and only one section has been amended since 2000. Its dollar thresholds have never been adjusted for inflation, and one section still refers to an absentee’s “wife” rather than a spouse.
Who counts as an “absentee” under Florida law?
Section 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 and for one year afterward, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy.
- 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. The statute reinforces this at every step — § 747.03 requires the petition to state the exact circumstances making the person an absentee, and § 747.052(6) requires the judge to be satisfied of absentee status before granting relief.
The difference between guardianship and conservatorship in Florida
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.
| Chapter 744 guardianship | Chapter 747 conservatorship | |
|---|---|---|
| Who it is for | A living, locatable person adjudicated to lack capacity, or a minor | An absentee — a servicemember missing in action, interned, besieged or captured, or a Florida resident or property owner who has disappeared |
| Triggering fact | Adjudication of incapacity by clear and convincing evidence after an examining committee reports | The person cannot be found |
| Court | Circuit court | Circuit court (§ 747.02) |
| Who may petition | Any adult (§ 744.3201(1)) | Anyone who would have an interest in the absentee’s property were the absentee deceased, or anyone dependent on the absentee for support (§ 747.03(1)) |
| Scope of authority | Person, property, or both; plenary or limited | Property only. The conservator holds the powers of a guardian of the property (§ 747.035(1)) |
| The appointee is called | Guardian | Conservator |
| How it ends | Restoration of capacity, death of the ward, or other statutory grounds | On petition signed by the absentee, or by an attorney in fact under a power of attorney the absentee granted, the court “shall direct the termination” and transfer of all property (§ 747.04(1)) |
| Homestead | Article X, § 4 protections apply in the ordinary way | § 747.011 deems the absentee incompetent for Article X, § 4 purposes only |
That last row on termination is worth pausing over. Chapter 747 is written on the assumption that the absentee may well come back and can end the arrangement themselves. Nothing in Chapter 744 works that way, and it is the clearest structural proof that the two proceedings were built for different people.
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. Other states use the word differently again: in Texas, “conservatorship” is the term for child custody, which has nothing to do with an incapacitated adult.
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 were such absentee deceased” or by anyone dependent on the absentee for maintenance or support. From there the chapter follows a fixed sequence.
| Statute | Step |
|---|---|
| § 747.03 | Petition, stating the circumstances making the person an absentee and the necessity for a conservatorship |
| § 747.031 | Notice and hearing |
| § 747.032 | Order of appointment |
| § 747.033 and § 747.034 | Oath and bond |
| § 747.035 | Rights, powers and duties — those of a guardian of the property |
| § 747.036 | Resignation or removal of the conservator |
| § 747.04 | Termination and transfer of property back to the absentee |
The two shortcuts, and the limit almost everyone misses
Chapter 747 contains two procedures that avoid opening a full conservatorship, split by dollar value:
- Section 747.051 — property with a gross value under $5,000. The court may act “without hearing or notice,” and the resulting order is prima facie evidence of the petitioner’s authority.
- Section 747.052 — property with a gross value of $5,000 or more. To sell, lease or mortgage such property, the spouse or next of kin petitions for an order authorizing the transaction.
Two things about these sections rarely appear anywhere else. First, both apply only to absentees under § 747.01(1) — the wartime-missing category. Neither is available for a civilian disappearance under § 747.01(2). Second, § 747.052 is not merely an authorizing order. Under subsection (6), if the court is satisfied that the person is an absentee and that no full conservatorship is necessary, it “shall enter an order appointing the petitioner as conservator for the purposes of the action” — a transaction-specific conservatorship. The court must require an accounting for the proceeds, but the petitioner is not required to place the absentee’s other property into a conservatorship, and the court may retain jurisdiction for further orders.
The absentee, the homestead, and § 747.011
Section 747.011 provides that an absentee “is considered incompetent for the purposes of s. 4, Art. X of the State Constitution.” Article X, § 4 is the homestead provision. This is a limited-purpose, homestead-only incompetence — not a general adjudication of incapacity — and it exists precisely because a missing owner cannot sign, join in, or consent to anything involving the homestead. It is the quiet workhorse of Chapter 747, and it is the reason the chapter still matters in a state where homestead rights defeat so many well-intentioned transactions. If a Florida homestead is tangled up with a missing owner, this is the section to look at first.
What you actually need: guardianship under Chapter 744
If your relative is present and lacks capacity, the proceeding is a Florida guardianship. Our Florida adult guardianship page covers the process in depth, and our Florida guardianship guide walks through it step by step. The essentials:
Guardianship is not one thing
Florida courts are required to reach for the narrowest option that solves the problem. Under § 744.331(6)(b), when an order determines that a person cannot exercise delegable rights, “the court must consider and find whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person.” The statute goes further than a duty to consider: “A guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person.” The Legislature said the same thing in § 744.1012(2), directing that alternatives and less restrictive means “be explored before a plenary guardian is appointed.”
That principle carries through to the order itself. Under § 744.2005, an order appointing a guardian must state whether the guardianship is plenary or limited, must specify the guardian’s powers and duties, and must be “consistent with the incapacitated person’s welfare and safety,” must be “the least restrictive appropriate alternative,” and must “reserve to the incapacitated person the right to make decisions in all matters commensurate with the person’s ability to do so.”
- Limited guardianship — the guardian exercises only the rights the court specifically designates.
- Plenary guardianship — the guardian exercises all delegable rights. This is the last resort, not the default.
- Guardian of the person, guardian of the property, or both.
- Emergency temporary guardianship under § 744.3031, discussed below.
How the case actually runs
Any adult may file a petition to determine incapacity under § 744.3201(1) — no family relationship is required. As of a 2024 amendment, the petition must also state whether the person uses assistance to exercise their rights, “including, but not limited to, supported decisionmaking,” and if so why that assistance is inadequate. Then:
- Within 5 days, the court appoints a three-member examining committee. One member must be a psychiatrist or other physician; the others may be psychologists, gerontologists, advanced practice registered nurses, registered nurses, licensed social workers or others with relevant advanced degrees. One must have expertise in the type of incapacity alleged.
- Each member files a report within 15 days of appointment.
- The court must appoint an attorney for the alleged incapacitated person. That appointment cannot be waived — the person may substitute their own attorney, but they cannot go unrepresented.
- The hearing is held at least 10 and no more than 30 days after the last examining committee report is filed, absent good cause.
- Incapacity must be established by clear and convincing evidence (§ 744.331(5)(c)).
- If a majority of the committee concludes the person is not incapacitated in any respect, the court shall dismiss the petition.
In practice that is roughly 30 to 50 days from filing to hearing in an uncontested case. Contested matters run considerably longer, and our Florida guardianship litigation practice exists for those.
Who can serve as guardian — including from out of state
Any Florida resident who is sui juris and at least 18 may serve. The rule that surprises families is the one for non-residents. Under § 744.309(2), a non-resident may serve as guardian of a Florida ward only if he or she is related by lineal consanguinity, is an adopted child or adoptive parent, is a spouse, brother, sister, uncle, aunt, niece or nephew (or someone related by lineal consanguinity to such a person), or is the spouse of a qualifying person.
Put plainly: an out-of-state son, daughter, parent, sibling, aunt, uncle, niece or nephew can serve. An out-of-state close friend cannot. For families spread across several states, that single rule often decides who petitions.
If your parent named someone in advance, that matters too. A preneed guardian declaration produced at the incapacity proceeding creates a rebuttable presumption that the named person is entitled to serve, though the court is not bound to appoint someone it finds unqualified.
Every Florida proceeding that does what other states call conservatorship
Plenary guardianship is the blunt instrument. Florida has several narrower proceedings that cover ground other states fold into “conservatorship,” and choosing correctly among them is most of the value a Florida guardianship attorney adds early in a case.
| Proceeding | Statute | What it does |
|---|---|---|
| Plenary or limited guardianship | Ch. 744 | Court-appointed guardian over the person, the property, or both, after an adjudication of incapacity |
| Emergency temporary guardianship | § 744.3031 | Available after an incapacity petition is filed but before a guardian is appointed, on a specific finding of imminent danger to health or safety, or that property “is in danger of being wasted, misappropriated, or lost.” Expires in 90 days, extendable once for 90 more |
| Guardian advocate (developmental disability) | § 393.12 | Appointed without an adjudication of incapacity for a person with developmental disabilities who lacks decision-making ability for some but not all tasks. The person retains every right not specifically granted away |
| Guardian advocate (mental health) | § 394.4598 | Baker Act proceeding limited to consent to treatment for a patient found incompetent to consent |
| Veterans’ guardianship | §§ 744.602–744.653 | The “Veterans’ Guardianship Law,” for veterans and others entitled to VA benefits; conflicts with the general guardianship law resolve in favor of this part |
| Conservatorship | Ch. 747 | Property of a missing absentee only |
| Curator — not a guardianship | § 733.501 | Frequently confused with a conservator. A curator takes charge of a deceased person’s estate until letters are issued. It has nothing to do with a living incapacitated adult |
Already have a conservatorship in another state and moving to Florida?
This is the question we field most often from families relocating a parent to Florida, and the answer is not what most people expect.
Florida has never enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Most states have. Florida has not. Chapter 744 contains Parts I through VIII and none of them is a UAGPPJA part — there is no transfer statute and no registration statute, and no provisional-order-then-final-order transfer sequence of the kind families are told to expect. If a website describes transferring a conservatorship to Florida under a uniform act, it is describing law that does not exist here.
What Florida has instead is recognition by filing, under the Florida Guardianship Law.
| Your situation | What is filed | Statute |
|---|---|---|
| The ward is moving to Florida | The foreign guardian files the authenticated order of appointment with the clerk in the county where the ward now lives, within 60 days after the change of residence. That order “shall be recognized and given full faith and credit in the courts of this state,” and the guardian and ward become subject to Chapter 744 | § 744.306(1) |
| The ward stays out of state but owns Florida property the foreign guardian wants to manage | A petition describing the property, its estimated value and any Florida indebtedness; designation of a resident agent; authenticated copies of the letters and bond. The court decides whether the foreign bond is sufficient and may require a new Florida bond | § 744.307 |
| A Florida-based fiduciary is needed for a non-resident ward’s Florida property | Petition for appointment of a resident guardian of the property. An authenticated copy of the foreign incapacity adjudication is prima facie proof of incapacity; 20 days’ notice is required | § 744.308 |
| A Florida ward is moving out of state | Court approval first — a guardian may not change the ward’s residence from Florida to another state without it — then the Florida guardianship is closed after publication for two consecutive weeks, resolution of objections, final settlement, and proof the foreign guardian received the property | § 744.1098, § 744.524 |
Recognition under § 744.306 also has immediate practical consequences for anyone in Florida holding the ward’s money or property. Under § 744.306(3)–(4), debtors and persons holding a ward’s personal property who have received no written demand from a Florida-appointed guardian may pay or deliver to the recognized foreign “guardian, curator, conservator, or committee” once 60 days have passed from that foreign appointment, and a satisfaction of mortgage or lien executed by the foreign fiduciary may be recorded with authenticated letters attached. That is the one place in Chapter 744 where the word “conservator” appears in operative text — and it is there to describe a fiduciary appointed by another state’s court, not a Florida one.
Two practical warnings. The two 60-day clocks in § 744.306 run from different events — subsection (1) from the ward’s change of residence, subsections (3)–(4) from the foreign appointment — and the subsection (1) clock is easy to lose while a family is still unpacking. And closing a Florida guardianship on a move out of state does not wipe the slate: § 744.524 states that the termination order “shall not exonerate the guardian or the guardian’s surety from any liability previously incurred.”
What rights a ward keeps, and what a guardian can take over
Section 744.3215 is the most misunderstood provision in Florida guardianship law, because it is not a two-way split. It has four categories, and the middle one is the one families never see coming.
| Category | Examples |
|---|---|
| Rights the ward always retains — these cannot be removed at all (subsection (1), fifteen of them) | To be treated humanely, with dignity and respect, and protected against abuse, neglect and exploitation; to remain as independent as possible, with their preference as to place and standard of living honored so far as reasonable; to have access to the courts; to counsel; to receive visitors and communicate with others; to privacy; to annual review and to restoration at the earliest possible time |
| Rights that may be removed but NOT given to the guardian (subsection (2)) | To marry (subject to court approval if the right to contract was removed); to vote; to personally apply for government benefits; to have a driver license; to travel; to seek or retain employment |
| Rights that may be removed AND delegated to the guardian (subsection (3)) | To contract; to sue and defend lawsuits; to apply for government benefits; to manage property or make gifts; to determine residence; to make health care decisions; to make decisions about their social environment |
| Acts requiring specific court authority (subsection (4)) | A guardian may not take certain actions without first obtaining authority under § 744.3725 |
The second category is what people mean when they say guardianship is serious. A court can strip the right to vote or to hold a driver license, and nobody receives it — it simply ceases to be exercisable. That is a permanent consequence of a proceeding families sometimes start casually.
What does guardianship cost in Florida?
Filing fees are set by § 28.2401 and collected by the clerk. As published by the clerks of court in the counties where we most often appear:
| Filing | Miami-Dade | Broward | Palm Beach | Orange |
|---|---|---|---|---|
| Guardianship of person and property | $401 | $401 | $401 | $400 |
| Guardianship of person only | $236 | $236 | $236 | $235 |
| Veterans’ guardianship | $236 | $236 | $236 | $235 |
Those are the filing fees only, and they are the smallest part of the cost. The examining committee members and the court-appointed attorney are each “entitled to reasonable fees to be determined by the court” under § 744.331(7)(a), and those fees are paid by the guardian from the ward’s property — or by the state if the ward is indigent, with the state holding a creditor’s claim against the guardianship property.
What happens if the petition fails is worth knowing before you file. Under § 744.331(7)(c), if the petition is dismissed or denied, the examining committee’s fees are paid as expert witness fees through the state courts system — unless the court finds the petition was filed in bad faith, in which case costs and attorney’s fees may be assessed against the petitioner, who must also reimburse the state.
Guardian and attorney compensation is governed by § 744.108, which entitles both to “a reasonable fee for services rendered.” When fees are submitted, the court shall consider nine criteria: the time and labor required; the novelty and difficulty of the questions and the skill required; whether accepting the engagement precludes other employment; the customary local fee; the nature and value of the ward’s property and the responsibilities and potential liabilities assumed; the results obtained; the time limits imposed; the nature and length of the relationship with the incapacitated person; and the experience, reputation, diligence and ability of the person performing the service.
Do you need a lawyer for guardianship in Florida?
For a guardianship, effectively yes — and this is a rule, not a sales pitch. Florida Probate Rule 5.030(a) provides that every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida.
The scope is precise and worth understanding:
- The requirement attaches to the fiduciary role — guardians and personal representatives. It does not sweep in every participant, so a petitioner or an objecting interested person is not automatically covered by the rule.
- The “sole interested person” exception applies only to personal representatives. There is no equivalent escape hatch for guardians.
- A guardian who is himself or herself a Florida-admitted attorney may self-represent in that capacity.
- A guardian advocate under § 393.12 is not required to be represented unless the law or the court requires it.
One apparent contradiction is worth clearing up, because it trips people up. Section 747.051 expressly allows an absentee’s spouse to make the summary application “without the assistance of an attorney.” That does not conflict with Rule 5.030 — a Chapter 747 absentee petition is a different proceeding under a different chapter, and it is not a Chapter 744 guardianship. The narrow military-absentee shortcut is the exception that proves how firmly the guardianship rule holds.
This is also the honest answer to the many people searching for Florida guardianship forms and for ways to obtain temporary guardianship without going to court. There is no do-it-yourself path to a Florida adult guardianship, and downloaded forms are a common and expensive way to lose months. A petition that fails for a defect in service, an unqualified proposed guardian, or an inadequate factual allegation still consumes examining committee fees and still leaves your relative unprotected.
How to avoid a guardianship entirely
Guardianship is the outcome families reach when the planning documents were never executed. If capacity remains, the alternatives are faster, far cheaper and entirely private:
- A Florida durable power of attorney, signed while capacity remains. Note that it terminates at death and does nothing for the estate afterward.
- A designation of health care surrogate and a living will under Chapter 765. Under § 744.3115, in every guardianship proceeding “the court shall determine whether the ward, prior to incapacity, has executed any valid advance directive under chapter 765.”
- A preneed guardian declaration, which creates a rebuttable presumption in favor of the person you name.
- A revocable trust with a named successor trustee, which keeps titled assets out of a guardianship of the property entirely.
- A Social Security representative payee or VA fiduciary where benefits are the only meaningful income. These are federal appointments and reach only the benefit payments — they give no authority over other assets — but for a person whose entire estate is a monthly check, they can make a guardianship unnecessary.
Frequently asked questions
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. The Florida equivalent of a conservator over money is a guardian of the property.
Can I get a conservatorship for my elderly parent in Florida?
No. Chapter 747 conservatorship is available only for an absentee — a missing person. An elderly parent who is present and locatable, however impaired, is not an absentee. The correct proceeding is a Chapter 744 guardianship, or one of the narrower alternatives above.
How long does it take to get guardianship in Florida?
In an uncontested case, roughly 30 to 50 days from filing to the adjudicatory hearing. The examining committee is appointed within 5 days of filing, its three members file reports within 15 days of appointment, and the hearing is held at least 10 and no more than 30 days after the last report. Contested cases take considerably longer.
What is the difference between a conservator and a guardian in Florida?
A guardian is appointed for a living, locatable person adjudicated to lack capacity. A conservator is appointed only for a missing person’s property. Their powers over property are drawn from the same chapter — § 747.035(1) gives the conservator the powers of a guardian of the property — but the triggering facts are entirely different.
What is the difference between a conservator and a curator in Florida?
A curator has nothing to do with an incapacitated or missing living person. Under § 733.501, a curator takes charge of a deceased person’s estate until letters of administration are issued, and may be authorized to perform any duty or function of a personal representative. The similar-sounding names are the only thing the two roles share.
Can a conservatorship from another state be transferred to Florida?
Not through a uniform-act transfer, because Florida never enacted the UAGPPJA. Instead, the foreign guardian files the authenticated order of appointment with the clerk in the ward’s new Florida county within 60 days after the change of residence under § 744.306(1), and the order is then recognized and given full faith and credit. Sections 744.307 and 744.308 cover Florida property of a ward who remains out of state.
Can someone who lives outside Florida serve as guardian?
Only certain relatives. Under § 744.309(2), a non-resident may serve if related by lineal consanguinity, or as an adopted child or adoptive parent, spouse, brother, sister, uncle, aunt, niece or nephew — or the spouse of someone qualifying. An out-of-state friend cannot serve, no matter how close.
Do you need a lawyer for guardianship in Florida?
Yes. Florida Probate Rule 5.030(a) requires every guardian to be represented by a Florida-admitted attorney. Unlike personal representatives, guardians have no “sole interested person” exception. The only exceptions are a guardian who is a Florida attorney, and a guardian advocate under § 393.12.
What rights does a person lose in a Florida guardianship?
It depends on the order. Section 744.3215 sorts rights into four groups: those the ward always keeps, those a court may remove but cannot give to a guardian (voting, marrying, a driver license, travel, employment), those a court may remove and delegate to the guardian (contracting, managing property, determining residence, health care decisions), and acts requiring specific court authority.
Can a guardianship be undone if my relative recovers?
Yes. Under § 744.464, the ward or any interested person may file a suggestion of capacity, and the court gives it priority on the calendar. The standard is notably lighter than the one used to impose guardianship: incapacity must be proven by clear and convincing evidence, but restoration requires only a preponderance — though the burden sits on the ward.
How do I get emergency guardianship in Florida?
After a petition to determine incapacity is filed, the court may appoint an emergency temporary guardian under § 744.3031 on a specific finding of imminent danger to the person’s health or safety, or that property “is in danger of being wasted, misappropriated, or lost.” Notice must be served at least 24 hours before the hearing unless substantial harm would result. The authority expires in 90 days, extendable once for 90 more.
Can a guardian be removed in Florida?
Yes. Section 744.474 lists twenty-one grounds, including fraud in obtaining the appointment, failure to discharge duties, abuse of powers, wasting or mismanaging the ward’s property, failure to file annual guardianship reports, a developing conflict of interest, and a showing that removal is in the ward’s best interest. Note that the statute creates a rebuttable presumption that a guardian related by blood or marriage is acting in the ward’s best interests.
What should I file if my relative is incapacitated in Florida?
Not a conservatorship. File a petition to determine incapacity under § 744.3201, together with a petition for appointment of guardian, and consider whether an emergency temporary guardianship is needed immediately. Before doing any of that, check whether a durable power of attorney, health care surrogate designation, preneed guardian declaration or revocable trust already exists — any one of them may make the whole proceeding unnecessary.
Talk to a Florida guardianship attorney
Guardianship is one of the few areas of Florida law where the wrong first filing costs real money and real time, and where the narrowest workable option is almost always the right one. Whether you need a guardian of the property for a parent with dementia, a guardian advocate for an adult child with a developmental disability, an emergency temporary guardianship tonight, recognition of an out-of-state order after a move to Florida, or a genuine Chapter 747 conservatorship for a missing family member, the analysis starts with matching the proceeding to the facts.
We at Lorenzo Law handle guardianship matters throughout Florida, including Miami-Dade, Broward, Palm Beach, Orange, Hillsborough and Duval Counties, from our offices in Coral Gables and Fort Lauderdale. Call (305) 224-6811 or send us a message, and an experienced Florida guardianship attorney will tell you which proceeding fits your family’s situation and what it will take.
