What is a Guardianship in Florida, and Why You Need a Florida Guardianship Attorney

When someone you care about can no longer make decisions for themselves, whether due to age, illness, or disability, guardianship in Florida may become the necessary legal solution. This court-supervised process allows a responsible adult to be appointed as a guardian to manage another person’s personal, financial, or medical affairs.

Understanding how guardianship works, when it’s appropriate, and what alternatives exist is essential before taking action. Because this process directly affects a person’s rights and autonomy, working with a knowledgeable Florida guardianship attorney is not just helpful—it’s often critical. This article explains the legal foundation of guardianship in Florida, outlines when and why it’s needed, and guides you through the steps with practical, attorney-level insight.

Understanding Legal Guardianship in Florida

Legal guardianship in Florida is a court-supervised process where a responsible adult is given the authority to manage the personal or financial affairs of another individual who has been declared legally incapacitated. This might apply to an elderly parent suffering from dementia, a disabled adult child, or even a minor without available parental care.

The Florida court system takes these matters seriously, as the appointment of a guardian involves the removal of fundamental rights from the individual in question. To initiate the process, a petitioner must demonstrate that the individual lacks the capacity to make decisions regarding health care, finances, or daily living. The court then evaluates the case through medical assessments, legal representation, and judicial oversight.

Because guardianship significantly affects the ward’s autonomy, Florida law requires clear evidence, careful vetting of the proposed guardian, and ongoing reporting to ensure accountability. When considering legal guardianship in Florida, it’s essential to consult with an attorney experienced in these proceedings to ensure every step complies with the statutory requirements and serves the ward’s best interests.

Why Might You Need a Guardianship in Florida?

There are several circumstances where seeking a legal guardianship in Florida becomes necessary. If a loved one—such as an aging parent—is no longer capable of making sound decisions due to cognitive decline, illness, or disability, guardianship may be the only viable way to protect them. This legal process allows a court-appointed guardian to manage personal, financial, and medical matters on behalf of the incapacitated individual.

Guardianship may also be required for adults with developmental disabilities, minors without parental support, or individuals who are being financially exploited. In each case, the goal is to ensure the vulnerable person’s well-being and to safeguard their rights and assets.

Because this process involves complex legal standards and strict court oversight, working with an experienced Florida guardianship attorney is critical. Your attorney will guide you through filing the proper petitions, gathering evidence of incapacity, and appearing before the court. They will also help explore any less restrictive alternatives before committing to full guardianship.

Do I need to Hire a Florida Guardianship Attorney?

Yes—unless you fall into a narrow exception, Florida law requires guardians to be represented by an attorney.

Under Florida Probate Rule 5.030, which governs guardianship proceedings in conjunction with Chapter 744 of the Florida Statutes, a guardian must be represented by an attorney of record. This rule ensures that all filings, pleadings, and required court documents are handled in accordance with Florida’s strict procedural standards. The role of the attorney is not optional—it is mandatory for most guardianship matters in Florida.

Exception for Guardian Advocates

The primary exception to this rule applies to Guardian Advocates—individuals appointed under Florida Statute §393.12 to assist persons with developmental disabilities. A Guardian Advocate is not required to have legal counsel unless the court mandates it, or if the Advocate is granted authority to manage property beyond limited financial roles (such as receiving government benefits or routine support payments).

Why Legal Representation Is Required

Guardianship is not just a paperwork exercise—it involves significant, ongoing legal obligations and close court oversight. The guardian must act in the best interests of the incapacitated person (the ward), and any misstep could harm the ward or expose the guardian to liability. That’s why the Florida Probate Rules require legal representation: to ensure compliance, protect the ward’s rights, and guide the guardian in fulfilling their duties.

What the Attorney Does

A Florida guardianship attorney helps draft and file all required petitions, the initial guardianship plan, and the annual reports. They advise the guardian on their scope of authority, help obtain court approvals when needed, and prepare motions or responses if legal disputes arise. In essence, the attorney safeguards both the guardian and the legal integrity of the case.

In summary: unless you are serving strictly as a Guardian Advocate with no property powers, the law requires you to retain an attorney if you are appointed as a guardian in Florida. The rules are clear—and so is the risk of trying to do it alone.

How Do Florida Courts Define Guardianship?

Under Chapter 744 of the Florida Statutes, guardianship is a court-appointed legal mechanism used to manage the affairs of someone found to be incapacitated. Florida courts oversee this process carefully to protect the legal rights of individuals.

In most cases, the court appoints a guardian only after a formal petition to determine incapacity has been filed with the court, and an examining committee has evaluated the person in question. The court may appoint a guardian of the person (handling medical/personal decisions) or of the property (managing finances). Guardians must also complete a mandatory training course to understand their responsibilities and legal obligations. In some cases, the court may appoint a guardian ad litem to independently evaluate the best interests of the alleged incapacitated person. A proposed guardian must typically be a resident of Florida, unless special exceptions apply under Florida law. It is essential to have a Florida Guardianship Attorney navigate this difficult situation.

What Types of Guardianship Exist in Florida?

Florida recognizes several types of guardianship:

Plenary Guardianship: Full legal authority over both the person and property.
Limited Guardianship: Authority over only specific areas of the ward’s life.
Voluntary Guardianship: A competent adult may voluntarily petition the court for assistance in managing property.
Guardian Advocacy: Applies in cases involving developmental disabilities.

Each type must be approved by a local court, and each guardian must complete a court-approved guardianship course before they may serve as a guardian.

How Do You Appoint a Guardian in Florida?

To appoint a guardian in Florida, you must first file a petition to determine incapacity and a separate petition to appoint a guardian. This process is governed by strict procedural rules.

The court will appoint an attorney to represent the alleged incapacitated person and an examining committee to assess mental and physical capacity. If the court determines that the individual lacks the ability to make decisions, it may appoint a legal guardian. All parties may need to appear before the court during hearings. In some cases, the court may also appoint a guardian ad litem to ensure the proposed guardian is acting in the ward’s best interests.

What Is the Role of a Guardianship Attorney?

A Florida Guardianship Attorney provides legal guidance through the complex process. They help prepare the petitions, represent clients in court, and ensure compliance with all state requirements. This is crucial when seeking guardianship for a parent in Florida, as mistakes can result in costly delays or rejections.

Your Florida Guardianship Attorney will also coordinate with the Florida Department of Elder Affairs and advise on alternatives, such as power of attorney or healthcare surrogate designations, if appropriate. Because legal guardianship in Florida is governed by Florida State law, your attorney ensures all filings meet the statutory requirements applicable throughout the Florida State court system.

What Is Adult Guardianship in Florida?

Adult guardianship arises when a person over 18 is deemed unable to manage their own affairs. This often affects aging parents with dementia or other impairments.

Once incapacity is confirmed by the examining committee, the Florida court issues letters of guardianship to the person appointed by the court. These letters grant the legal authority to carry out the duties of the guardian, including managing the affairs of the ward with court supervision.

What Is the Petition to Determine Incapacity?

The process starts with filing a petition to determine incapacity. This asks the probate court to assess whether the person can still make decisions regarding their personal or financial affairs.

The court then appoints a three-member examining committee consisting of professionals such as a physician, psychologist, or social worker. Their findings are critical to the court’s decision and must be reviewed before the court may grant approval to proceed with appointing a guardian. If needed, the court may also appoint a guardian ad litem to assist in evaluating the petition.

What Happens After the Guardian Is Appointed?

Once appointed by the court, the legal guardian must:

File an initial guardianship plan
Submit annual reports to the court
Obtain court approval for major decisions

These steps ensure accountability and that all decisions are made in the best interests of the ward. The guardian must carry out the duties responsibly and manage the affairs of the ward with transparency. The court monitors the guardian’s actions to prevent abuse or neglect. The court to appoint a guardian will continue to exercise jurisdiction to ensure the guardian complies with Florida State standards.

Are There Alternatives to Guardianship in Florida?

Yes, Florida courts prefer less restrictive alternatives to guardianship. These may include:

Durable power of attorney
Health care surrogate
Trusts

A guardianship attorney can help determine if these options can meet the ward’s needs before pursuing formal guardianship.

What Are the Rights of the Incapacitated Person?

Even after a court determines someone to be incapacitated, the individual retains certain legal rights unless the court specifically removes them. These may include:

The right to be treated with dignity
The right to receive appropriate care
The right to express preferences regarding personal matters

The guardian must act in the ward’s best interests at all times and may need approval from the court for actions that impact the ward’s fundamental rights.

What Are the Challenges in Seeking Guardianship for a Parent?

Seeking guardianship for a parent in Florida can be emotionally and legally complex. Common issues include:

Family disagreements over who should serve as guardian
Challenges to the petition from the parent or other relatives
Proving the parent’s incapacity with sufficient evidence

Navigating Florida courts without legal representation can be extremely difficult. That’s why working with a skilled guardianship attorney is strongly advised.

Key Takeaways

A proposed guardian is generally required to be a resident of Florida unless otherwise permitted by law.

Guardianship in Florida is a legal process for managing the affairs of an incapacitated person.

A petition to determine incapacity must be filed with the local probate court.

Florida courts rely on an examining committee to assess the individual’s capacity.

Types of guardianship include plenary, limited, voluntary, and guardian advocacy.

A guardianship attorney helps ensure compliance with Florida law.

Letters of guardianship grant the legal authority to act on behalf of the ward.

Less restrictive alternatives should be explored first.

Annual reports must be submitted by the guardian.

Guardians must complete a training course before they can serve.

Guardians may need to appear before the court and seek approval for major decisions.

A guardian ad litem may be appointed to represent the ward’s interests.

The court to appoint a guardian will continue to monitor compliance.

The ward’s best interests are the court’s top priority.

Guardianship is serious and should only be pursued when absolutely necessary.

Contact Us at Lorenzo Law for Further Assistance with Guardianship of an Adult in Florida

If you’re seeking guidance on how to petition for guardianship of a parent or adult in the state of Florida, you’ll want to contact our guardianship attorney Florida team using the button below. We’ll be sure to respond to your message as soon as possible. We look forward to hearing from you soon. I am a Florida Guardianship Attorney, and I am here to help!