What is a Guardianship in Florida? Do I Need an Attorney?

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?

Understanding the different types of guardianship in Florida is essential when planning for the care and protection of a vulnerable individual. Florida law provides a structured system for establishing guardianship to safeguard minors, incapacitated adults, and individuals with developmental disabilities. Each type of guardianship serves a distinct purpose and is governed by specific statutes within the Florida Guardianship Code (Chapter 744, Florida Statutes).

Whether you are concerned about an aging parent with dementia, a minor child without parents, or an adult with cognitive disabilities, consulting a qualified Florida guardianship attorney is the first step toward determining the best legal framework to protect their interests. Below is a comprehensive overview of the major types of legal guardianship in Florida, including the procedural steps, responsibilities involved, and when each type is appropriate.

1. Plenary Guardianship

A plenary guardianship is the most comprehensive form of legal guardianship in Florida. It grants the guardian full legal authority over both the person and the property of the ward (the individual for whom the guardianship is established). This type of guardianship is typically established after a court has found the ward to be legally incapacitated.

Key Characteristics:

The guardian is responsible for all personal and financial decisions of the ward.
Often used in cases involving advanced dementia, serious mental illness, or other incapacitating conditions.
Requires a formal adjudication of incapacity, usually involving a three-member examining committee.

Duties of the Plenary Guardian:

Managing all financial accounts, property, and investments
Approving or arranging medical treatment and care
Determining residence and living conditions
Filing annual reports with the court

Because of the sweeping powers involved, the court closely monitors plenary guardianships and requires strict compliance with procedural and fiduciary standards. A Florida guardianship attorney plays a vital role in guiding guardians through these responsibilities.

2. Limited Guardianship

A limited guardianship provides the guardian with legal authority over only specific aspects of the ward’s life. This form of guardianship in Florida is designed for individuals who are only partially incapacitated and can still make some personal or financial decisions on their own.

Appropriate Situations:

Elderly individuals with mild cognitive decline
Adults with physical disabilities who retain mental capacity
Individuals who need help only with managing finances, but not personal matters

Examples of Limited Powers:

Managing only bank accounts or real estate
Making healthcare decisions but not financial ones
Overseeing housing arrangements but not medical care

Florida courts prefer limited guardianship when possible, as it preserves the ward’s autonomy in areas where they remain capable. When you consult with a Florida guardianship attorney, they will assess the ward’s abilities and help determine the appropriate level of control needed.

3. Voluntary Guardianship

Voluntary guardianship occurs when a competent adult petitions the court to appoint a guardian to assist in managing their property. This is not due to incapacity, but rather for convenience, safety, or peace of mind.

Common Examples:

Elderly individuals who wish to delegate financial responsibility
Individuals undergoing medical treatments that impair short-term decision-making
Those with temporary cognitive impairments or mobility limitations

Key Requirements:

The person must be mentally competent at the time of filing.
A physician must confirm the individual’s mental competency.

The benefit of voluntary guardianship is that it allows the individual to proactively seek assistance while still retaining the right to terminate the guardianship if their circumstances change. If you or a loved one are considering this arrangement, a Florida guardianship attorney can draft the petition and ensure proper compliance with Florida law.

4. Guardian Advocacy

Florida offers a unique legal structure called guardian advocacy, which is used for individuals with developmental disabilities. Unlike traditional guardianship, guardian advocacy does not require a formal adjudication of incapacity.

Applies To:

Individuals with developmental disabilities such as autism, cerebral palsy, spina bifida, Prader-Willi syndrome, Down syndrome, or intellectual disabilities.
Individuals over the age of 18 who need assistance with decision-making but may still retain some legal rights.

Benefits of Guardian Advocacy:

Faster and less expensive than traditional guardianship
Avoids the need for a three-member examining committee
Designed to support, not replace, decision-making capacity

Guardian Responsibilities:

Managing specific aspects of the individual’s life such as education, medical care, or finances
Submitting reports and plans to the court annually

If your child is turning 18 and has a developmental disability, you may need to initiate a guardian advocacy proceeding. A Florida guardianship attorney will help determine the best approach and represent you in court.

5. Guardianship of a Minor

In Florida, a minor (any individual under 18) may require a guardian in the following circumstances:

Both parents are deceased
The minor receives a personal injury settlement, inheritance, or insurance payout exceeding $15,000
The minor has no legal representative due to abandonment or incapacity of parents

There are two primary forms:

Guardian of the Person – Manages personal needs, healthcare, education, and residence
Guardian of the Property – Manages financial assets and legal claims

Sometimes, both roles are performed by one person. Establishing guardianship in Florida for a minor requires petitioning the court and may involve home studies, background checks, and financial disclosures.

Court Requirements for All Types of Guardianship

Regardless of the type of legal guardianship in Florida, several steps and requirements apply:

Petition for Appointment: Filed in the county where the ward resides.
Notice to Interested Parties: Family members and potential heirs are notified.
Oath and Designation: The guardian must take an oath and designate a registered agent.
Background Check: Required for non-professional guardians.
Guardianship Education Course: A mandatory court-approved training program must be completed within 4 months.
Bonding or Restricted Accounts: Courts may require a fiduciary bond or place assets into restricted accounts to prevent misuse.

Choosing the Right Type of Guardianship

A qualified Florida guardianship attorney is instrumental in determining which type of guardianship is most appropriate for your circumstances. They will:

Analyze the ward’s current level of capacity
Recommend the least restrictive means necessary
Prepare and file all required legal documents
Represent you in court hearings and status updates
Help you comply with annual filing and reporting obligations

Making the wrong guardianship choice—such as choosing plenary authority when a limited arrangement would suffice—can unnecessarily strip an individual of their rights and lead to court scrutiny. Proper guidance ensures legal compliance and ethical integrity.

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.

Final Thoughts

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 guardianship process—from filing to final discharge. We handle all aspects of legal guardianship in Florida with professionalism, clarity, and compassion.

If you’re unsure which guardianship type is right for your situation, contact our office for a consultation. We’ll provide the guidance you need to protect your loved one’s future while complying fully with Florida law.

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!