Miami Guardianship Attorney

Florida Guardianship

Navigating guardianship law in Florida can feel overwhelming, especially when the stakes involve the well-being of a loved one. Whether you’re looking to secure the future of a child, an aging parent, or a family member with disabilities, having the right legal support is essential. At Lorenzo Law, we’re here to help families in Miami and throughout South Florida understand and secure guardianship when it matters most. If you’re dealing with guardianship issues, our experienced team is here to guide you every step of the way.

What is Guardianship in Florida?

Guardianship is a legal relationship established by the court that gives one person (the guardian) the authority and duty to care for another (the ward), who is incapable of managing their own affairs due to physical or mental limitations. This may be due to age, incapacity, or disability. Florida law outlines strict rules for establishing and maintaining guardianships to protect the rights and interests of the ward.

Understanding Guardianship Law

Florida Statutes Chapter 744 governs guardianship law. The process is court-supervised and requires clear evidence that the proposed ward is legally incapacitated. The court must also determine that the guardian is qualified, willing, and able to serve as a guardian. These laws are designed to protect vulnerable individuals while balancing their rights with necessary oversight.

Types of Guardianship Available

Vary depending on the needs of the ward and the extent of their incapacity. Florida law provides several options, from limited authority over specific matters to full control through plenary guardianship. Understanding these distinctions is key to selecting the right legal protection. To learn more about Florida’s guardianship laws, you can review Part III of Chapter 744 of the Florida Statutes here.

Florida recognizes several types of guardianship depending on the circumstances:

Guardian of the Person: Responsible for the physical well-being and healthcare decisions of the ward.
Guardian of the Property: Manages the ward’s financial assets.
Plenary Guardian: Full legal authority over both person and property.
Limited Guardian: Authority limited to specific areas, as determined by the court. Limited guardianship is often appropriate when a person is only partially incapacitated.
Emergency Temporary Guardian: Appointed quickly when immediate action is necessary.

Who Can Become a Guardian?

To become a guardian in Florida, you must be:

At least 18 years old
A Florida resident (non-residents may qualify under certain conditions)
Capable of fulfilling the duties required
Not convicted of a felony
Not currently under guardianship yourself

The court may prioritize family members but will always consider the interests of the ward in determining who may serve as a guardian. Learn who may qualify to serve as a guardian under Florida Statute §744.309.

How to Appoint a Guardian in Miami?

The process begins with filing a Petition to Determine Incapacity and a Petition for Appointment of Guardian with the probate court. A three-member examining committee will evaluate the proposed ward. A judge will then review findings, hear evidence, and make a determination.

The Guardianship Process Explained

Petition Filing
Medical and Court Evaluation
Hearing and Judicial Determination
Letters of Guardianship Issued
Ongoing Court Oversight such as filing of annual accounting, and annual plans

The court may also require a bond, background checks, and mandatory training for guardians.

Necessary Documents for Petitioning Guardianship

Key documents include:

Petition to Determine Incapacity
Petition for Appointment of Guardian
Physician’s report or medical evaluation
Financial disclosures
Affidavits and consents
Guardianship plan (for the first year)
Durable Power of Attorney (if executed prior to incapacity, this document may provide an alternative or supplement to guardianship)

Role of a Miami Guardianship Attorney

A guardianship attorney in Miami ensures compliance with all legal requirements, represents your interests in court, and guides you through the complex process. From filing the initial petition to preparing reports for annual reviews, legal counsel provides critical support at every stage.

What are the Alternatives to Guardianship?

Before pursuing guardianship, consider whether less restrictive options may be appropriate. Courts are required to explore alternatives.

Power of Attorney vs. Guardianship

A Durable Power of Attorney (DPOA) allows someone to act on behalf of another without court involvement. Unlike guardianship, it is voluntary and usually less expensive. However, it can only be executed if the individual has mental capacity at the time of signing.

Voluntary Guardianship Options

Florida law permits a mentally competent adult to voluntarily petition for guardianship if they feel unable to manage their affairs. This is often used by elderly individuals who recognize their limitations but want legal oversight and assistance.

Using Trusts in Estate Planning

Revocable or irrevocable trusts can be alternatives to guardianship for managing financial affairs. Trusts provide privacy, continuity, and can be customized to fit the needs of minor children or incapacitated adults.

How Does Guardianship Affect Minors?

Minors need a guardian if their parents are deceased, incapacitated, or unable to care for them. Florida courts will only interfere with parental rights when it is necessary to protect the child’s welfare.

Guardianship for a Minor Child

Involves appointing a responsible adult to make legal, medical, and financial decisions on behalf of a child whose parents are deceased, incapacitated, or otherwise unable to care for them. The court may appoint a guardian of the person, the property, or both, depending on the child’s needs and the assets involved.

Guardianship for a minor may be:

Guardian of the Person: Makes decisions on education, healthcare, and daily care.
Guardian of the Property: Manages any inheritance, lawsuit proceeds, or other assets the minor is entitled to.

Rights of the Child’s Parents

Unless the court finds the parents unfit, their rights are paramount. A court must find clear and convincing evidence before terminating or limiting parental authority in favor of a guardian.

Best Interests of the Minor

Florida courts are mandated to consider the child’s best interests in every guardianship determination. Factors include:

Emotional bonds
Stability of the proposed guardian
The child’s wishes (if mature enough)
Past history of abuse or neglect

When to Contact a Miami Guardianship Attorney?

If you believe someone close to you is at risk due to incapacity, or if you are concerned about the welfare of a minor or an elder, now is the time to seek legal advice from a qualified guardianship attorney in Miami. When an individual begins to show signs that they may lack the capacity to manage their own affairs, initiating legal guardianship proceedings in the court of Florida can be essential. An attorney can help you understand that guardianship is a serious legal step, whether you’re seeking adult guardianship, full guardianship, plenary guardianship, or a more limited arrangement, and guide you through the process of establishing a guardianship, including how to file the petition and what is required for obtaining guardianship and going to guardianship court to make sure you get the assistance your family member needs. This includes managing the property of the ward, ensuring that both personal and financial interests are protected under court supervision.

Signs You May Need Legal Assistance

A family member has dementia or other cognitive impairment
Disputes over who should care for a minor
The need to manage a loved one’s finances
Suspected abuse or exploitation

Choosing the Right Guardianship Lawyer

Look for:

Experience in Florida guardianship law
A focus on elder law or probate
Transparent communication and fees
Compassionate yet assertive representation

Initial Consultation with a Law Firm

During your first meeting, expect to discuss:

The proposed ward’s condition
Your goals as a potential guardian
Any known objections or disputes
Court filing timelines and documentation

What is the Cost of Hiring a Guardianship Attorney in Miami?

Costs vary depending on the complexity of the case. Routine uncontested guardianship may be more affordable than contested or high-asset matters.

Understanding Legal Fees and Costs

Fees may include:

Flat fees for initial filings
Hourly billing for court appearances or disputes
Court filing fees and background check costs
Mandatory training and education expenses

Payment Plans and Options Available

Some attorneys offer payment plans, especially for uncontested matters. Our firm discusses all billing upfront so there are no surprises.

Investing in Your Family’s Future

Guardianship may seem like a complex legal burden, but it’s ultimately about protecting those you love. Taking the time and steps to secure guardianship now helps prevent chaos, abuse, and uncertainty later.

How Can We Help You with Guardianship Issues?

At Lorenzo Law, we’ve helped hundreds of families navigate guardianship and elder care issues in Miami and across South Florida. If you’re dealing with guardianship concerns, we are here to serve as your trusted legal advocates.

Contact Us for a Free Consultation

We invite you to call us or fill out our online form to schedule a free consultation. Let’s discuss your concerns and help you find the most efficient, compassionate path forward. Click here to contact us

Client Testimonials and Success Stories

“Thanks to Lorenzo Law, I was able to gain guardianship over my elderly father quickly and with full confidence.”

“I couldn’t have navigated this process without Jose and his team—they were with me every step of the way.”

Our Commitment to South Florida Families

We are proud to serve clients in Miami, Coral Gables, Kendall, and throughout South Florida. Our mission is to provide strong legal representation that upholds the dignity and best interests of your loved ones. Contact us today and take the first step toward peace of mind.

If you’re facing a guardianship matter or have questions about protecting a loved one, we’re here to help. Contact Lorenzo Law today for a free consultation and trusted legal guidance. Get in touch with us here.