Miami Guardianship Attorney

Miami guardianship at a glance

The table summarizes Chapter 744, Florida Statutes, the Florida Probate Rules and the Miami-Dade Clerk’s posted charges as of 30 October 2026. It does not decide any particular case.

Understanding legal guardianship in Miami starts with those rules, which apply the same way throughout Miami-Dade County. A Miami guardianship lawyer works within them: identifying whether guardianship is needed at all, which proceeding fits, who the client is, and what the Miami-Dade court requires in practice. The statewide procedure is explained in more depth in the guide to adult guardianship in Florida; disputes are covered on the Florida contested guardianship page.

Who Lorenzo Law represents in Miami-Dade guardianship matters

A guardianship case has several participants, and each has a different lawyer or none. Paying a fee does not make every relative a client, and the lawyer the court appoints for the adult represents the adult, not the family. Before sharing confidential detail, give the names needed for a conflict check and say who is seeking representation.

The table describes the guardianship services the firm considers in Miami and the rest of Miami-Dade County. Every matter requires a conflict review, acceptance and a written engagement agreement.

Comparing guardianship attorneys in Miami, or elder law attorneys who handle guardianship? Lorenzo Law is a solo practice. Jose M. Lorenzo, Jr. personally takes the first call, and the attorney you speak with at the first call is the attorney who handles any matter the firm accepts, from the first filing through annual reports, restoration or discharge, as the written engagement covers. The scope of any representation is set in the written retainer agreement between the attorney and the client.

Before hiring a guardianship attorney, Miami families should ask three questions: whom will the lawyer represent, what does the engagement cover, and who will do the work. A guardianship attorney in Miami-Dade County should also know the Probate Division’s local requirements, which the court and filing section describes. The same questions apply to a solo legal guardianship attorney or a larger guardianship law firm. Whether you need help with legal guardianship of a parent or a proposed legal guardian of a child, ask whom the attorney would represent and what work the engagement includes.

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Guardianship or an alternative: choosing the right route

Guardianship is a legal intervention with real consequences. Its disadvantages are concrete: the person loses the rights the order removes, the person’s property bears court, lawyer and reporting costs, and the guardian answers to the court for as long as the guardianship lasts. Guardianship is important when less restrictive alternatives are insufficient: it provides court-authorized decision-making within the order’s limits, and the judge’s supervision protects the person from the guardian as well as from others. The question for a Miami-Dade family is rarely “how do I get guardianship?” and more often “what is the narrowest tool that solves this specific problem?”

The comparison identifies issues for review. It does not establish eligibility or promise that the firm accepts every category of matter.

See the chart “Guardianship or an alternative? Start with the narrowest tool” (opens the full-size image; the details are also in the text).

Types of guardianship in Florida

Florida’s main adult tracks are an ordinary (involuntary) guardianship after an incapacity hearing (limited or plenary; of the person, the property, or both), an emergency temporary guardianship, a voluntary guardianship of property, and guardian advocacy, which is a separate proceeding under different statutes. A preneed designation names a preferred guardian in advance, and a public or professional guardian is a type of person who serves, not a separate proceeding.

The table summarizes Chapter 744 and chapters 393 and 394. It does not decide which track fits a particular person.

Families sometimes ask for a “permanent guardianship.” Chapter 744 has no category by that name for adults; what people usually mean is a plenary guardianship, which has no fixed end date but can be narrowed or ended when rights are restored. Florida’s permanent guardianship laws use the term for children instead: permanent guardianship of a dependent child is ordered in a dependency case under section 39.6221, not in a probate guardianship, so in Miami-Dade County it belongs to the circuit court’s juvenile division rather than the Probate Division. A signed “permanent guardianship agreement” between relatives does not create legal authority on its own.

For adults, a legal guardianship, a legal guardian and a court-appointed guardian all describe the same thing in Florida: a guardian appointed by court order under Chapter 744, who receives letters of guardianship as proof of authority.

Guardianship vs. power of attorney

The power of attorney vs guardianship question usually turns on timing. For families in Miami comparing a legal guardian with a power of attorney, the difference between a guardian and a power of attorney comes down to who chooses, who supervises and what the person keeps. Guardianship is like a power of attorney only in that someone else acts for the person. A power of attorney is chosen by the person while able to sign it and works privately. An adult incapacity guardianship is ordered by a judge after capacity is in question and is reviewed by the court each year.

Guardianship, and the appointment of a legal guardian, does not automatically override a power of attorney, in Miami-Dade County or anywhere else in Florida. Nor does guardianship give the guardian a power of attorney: a guardian acts under the court’s order and letters of guardianship. Filing a petition to determine incapacity generally suspends the agent’s authority until the petition is dismissed or withdrawn or the court allows the agent to act, but when the agent is the person’s parent, spouse, child or grandchild, a separate verified motion is generally needed to suspend it (§ 709.2109(3); § 744.3203). If the court then finds the person incapacitated, the power of attorney generally terminates unless the court decides that some of the agent’s authority should continue.

A valid, sufficient alternative can make guardianship unnecessary, and the court must assess the authority actually available, whether it addresses the problem, and any properly raised validity or abuse issue. A document’s existence alone does not resolve every case. As noted above, an existing power of attorney may keep working as an alternative, though filing a petition to determine incapacity generally suspends the agent’s authority until the court acts. Separately, if a sufficient alternative to guardianship comes to light after a guardian is appointed, the court reviews whether a guardian is still needed and to what extent (§ 744.462). If the person can still sign documents, planning through Miami estate planning may avoid a guardianship altogether. The Florida power of attorney guide and Florida health care surrogate guide explain those documents.

A power of attorney for a mentally disabled adult, including a disabled son or daughter turning 18, is valid only if the person understands it when signing; capacity to sign is decided person by person, not by diagnosis. When the person can sign, a durable power of attorney may avoid guardianship or guardian advocacy. A power of attorney for legal guardianship does not exist: no document can appoint a guardian, only the court can, although a preneed guardian declaration states whom the person would want.

Voluntary guardianship and preneed designations

Under section 744.341, a competent adult unable to manage property because of age or physical infirmity can voluntarily seek a guardian of the property. A physician’s certificate must address the adult’s understanding of the arrangement, and ongoing reporting includes renewed certification. The arrangement can cover less than all property, and the adult may end it by filing and serving notice, although accounting and discharge duties still require attention. Voluntary guardianship suits the parent who knows they can no longer keep up with the accounts, is entirely lucid about it, and wants court-supervised help without being declared incapacitated.

A preneed guardian declaration names a preferred future guardian. It must reasonably identify the declarant and the preneed guardian and be signed in the presence of at least two attesting witnesses present at the same time (§ 744.3045). It states a preference for the future and gives no present authority.

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What a Miami guardian controls, and what the person keeps

Guardianship is not a status a family confers on itself. It exists only by court order, and the order and the letters of guardianship define its scope. If an alternative is sufficient, a guardian may not be appointed for that purpose (§ 744.331 and § 744.3215).

Guardian of the person and guardian of the property

A guardian of the person may have delegated responsibilities concerning residence, care and health decisions. A guardian of the property administers property within the granted authority: bank accounts, real estate, income and benefits. What families sometimes search for as “estate guardianship” is guardianship of the property. One person may hold both roles, or the court may appoint different people, for example an adult child who lives near the parent for the person and a sibling with financial experience for the property. Neither role makes the guardian the owner of the adult’s money or permits decisions outside the appointment.

Medical authority requires particular care. An existing health care surrogate may retain authority, and a guardianship order must address the relationship between that authority and the guardian’s powers (§ 744.3115). Extraordinary treatment and end-of-life decisions can require additional statutory safeguards and court approval. Do not treat the words “guardian of the person” as permission for every treatment, placement or life-prolonging-procedure decision; the medical-decisions section of the adult guardianship guide covers that in detail.

Limited and plenary guardianship

A limited guardian exercises specified delegated rights. A plenary guardian exercises all delegable rights within the appointment after the required findings. Plenary does not mean every personal right is transferred or that capacity can never be restored. Where a limited guardianship will do the job, the court should order that instead: if a relative can still choose where to live but cannot manage a bank account, that distinction belongs in the petition and at the hearing.

The rights a person keeps under guardianship

Section 744.3215 sorts rights into three groups. The order must say which rights are removed; anything it does not remove, the person keeps.

The table summarizes § 744.3215. The statute contains qualifications that the order and the facts of each case apply.

See the chart “What a person keeps, and what a court can remove” (opens the full-size image; the details are also in the text).

So in a Miami guardianship the right to vote, the right to marry and the right to drive are each decided separately; none is lost just because a guardian is appointed. Notice has a statutory comprehension qualification, and reasonable preferences and contact rights must be understood with the applicable legal safeguards. Choosing where the person lives is a delegable right that a guardian holds only if the order delegates it; even then, the guardian must honor the person’s reasonable preferences about living arrangements and use the least restrictive appropriate setting. Moving a ward’s permanent residence out of Florida generally requires prior court approval (§ 744.1098). Contact restrictions and objections belong in a case-specific review.

“Ward of the state” and public guardianship

“Ward of the state” is not a Florida legal term. A ward is a person for whom a guardian has been appointed (§ 744.102); the phrase does not mean the State owns the person or automatically takes custody. Under Chapter 744 the state does not become anyone’s guardian. When no family member, friend, bank or corporation is willing and qualified to serve, the court may appoint a public guardian for a person of limited means (§ 744.2007). In Miami-Dade County that role is filled by the Guardianship Program of Dade County.

Conservatorship and Florida guardianship

If you are searching for a conservatorship lawyer because a parent in Miami can no longer manage their affairs, the first step is to identify the decisions that need help and whether a sufficient alternative is available; if guardianship is still needed, in Florida the proceeding is a guardianship. Florida Chapter 747 addresses conservatorship of absentees — a person who is missing, interned, or beleaguered (§ 747.01) — and is distinct from adult incapacity guardianship under Chapter 744. Some other states use “conservatorship” for what Florida usually calls guardianship of the property, so do not assume that another state’s conservatorship order or terminology automatically has the same effect in Florida; have the actual order reviewed. There is no combined petition for guardianship and conservatorship in Florida; the petition is for guardianship, of the person, the property, or both. The guide to conservatorship in Florida explains the vocabulary.

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When a Miami family should consider guardianship

Most Miami-Dade guardianship inquiries begin with one of a short list of situations. Each one has a first question to answer and a less restrictive option to check before a petition.

The situations are illustrations. None of them is itself a legal ground for guardianship.

Describe what happened, when it happened and what the person can still do. A medical label alone is not a substitute for those facts. An existing durable power of attorney, health care surrogate designation, trust or benefits arrangement may already address the need. If the person still has capacity to sign a suitable document, planning now may help. If the person lacks that capacity, do not assume all earlier arrangements have failed or that guardianship is the only remaining option; the validity, scope and operation of existing authority still matter.

Suspected exploitation requires prompt assessment of the evidence and available remedies. Emergency guardianship is not automatically the first or only response. Where a young adult with a developmental disability also has assets or benefits, Florida special needs trust planning belongs in the same conversation, and the turning-18 section of the adult guardianship guide sets out the options.

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Miami-Dade guardianship court, clerk and filing requirements

The following are local practice requirements and court resources, distinct from the statewide standards for capacity and appointment. They were checked against the court’s and Clerk’s websites on 30 October 2026; confirm current instructions before a filing or visit.

The Probate Division and the Probate Clerk

Guardianship matters fall within the Probate Division of the Eleventh Judicial Circuit of Florida, which also hears estates and trusts and the mental-health and substance-abuse cases filed under the Baker Act and the Marchman Act. The court’s Probate Attorney’s Corner places the Probate Clerk at the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, 6th Floor, Room 223, Miami, FL 33128. The Clerk’s location page lists the Probate Court office there as Suite 6.223, telephone (305) 349-7492 or (305) 349-7502, open weekdays from 9:00 a.m. to 4:00 p.m.; (305) 275-1155 is the Clerk’s general line. This is a court location, not a Lorenzo Law office. Check the hearing notice and the assigned judge’s directions for where and how a particular hearing will occur.

Venue: residence matters, but does not settle every question

Section 744.1097 treats a declaration of incapacity and the appointment of a guardian separately. Incapacity venue may be where the person resides or where the person is found. For appointment involving a Florida resident, the county of residence is the general rule, with additional statutory circumstances, including a resident found in another county. Nonresident property and debtor provisions, dependency cases and transfer rules can matter, and the section excludes veterans from its application. An adult child’s out-of-state address does not by itself prevent a Miami-Dade filing, but a parent’s connection to Miami does not resolve every venue issue either. Provide current residence, present location, existing proceedings and property information before filing.

The Miami-Dade guardianship toolkit

Families looking for Miami-Dade guardianship forms usually want the official sources. The table gathers the Miami-Dade County guardianship forms and court resources in one place, with who uses each.

Sources: the Eleventh Judicial Circuit’s Probate Attorney’s Corner, Probate Smart Forms, Probate Checklists, Guardianship resource pages and Probate and Guardianship Registry page, and the Miami-Dade Clerk’s Probate Court, case search and location pages, checked 30 October 2026.

The court’s Smart Forms page also warns that proposed orders and notices filed without the petition’s docket or e-filing identifier are rejected. Assigned judges may have additional scheduling and submission instructions. A general checklist is not assurance that the evidence, notice or proposed order is sufficient in a particular case. For the wider Miami-Dade probate picture, see the Miami-Dade probate court guide.

The Guardianship Program of Dade County and public guardians

The Guardianship Program of Dade County is a nonprofit organization that serves as Miami-Dade’s public guardian for adults found incapacitated who have no one else able and qualified to serve and who meet its eligibility rules, and it is a provider of the guardian education course. Families sometimes look for it as the Miami guardianship program. Florida’s public guardianship system is overseen through the Office of Public and Professional Guardians (OPPG) within the Department of Elder Affairs. Under section 744.2007, a public guardian may serve only if there is no family member, friend, other person, bank or corporation willing and qualified to serve, and public guardians primarily serve people of limited financial means. Capacity is limited and eligibility is not guaranteed, so public guardianship is not a substitute for family planning or for counsel where a qualified family member is available. A public guardian is appointed by court order and does not act under a power of attorney. Private professional guardians also serve in Miami-Dade, usually where family members cannot agree or the estate is complex.

Guardianship is not a Baker Act or Marchman Act case

The same Probate Division hears guardianship and mental-health cases, which causes confusion. Involuntary examination and treatment under the Baker Act is a separate proceeding under chapter 394, and involuntary assessment and treatment for substance abuse under the Marchman Act is a separate proceeding under chapter 397. Neither is a guardianship power, and a guardian cannot commit a ward to a treatment facility without a formal placement proceeding. A mental-health guardian advocate under section 394.4598 is part of the treatment proceeding, not a Chapter 744 guardian. Guardianship for adults with mental illness in Florida follows the ordinary Chapter 744 standard: legal guardianship for adults with mental illness depends on which rights the person cannot exercise, not on the diagnosis, and it does not authorize involuntary psychiatric treatment. When the real problem is a psychiatric crisis or substance use, the right first step may be one of those proceedings, not a guardianship petition.

Lorenzo Law serves Miami-Dade County from the by-appointment Coral Gables location, with consultations by phone or video throughout the county and statewide. To find the court and clerk for another county, use the Florida probate service areas index; for Broward and Palm Beach matters, see South Florida guardianship representation.

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How to get guardianship in Miami-Dade, step by step

The Florida guardianship process is set statewide by Chapter 744 and the Florida Probate Rules, and the Miami-Dade Probate Division adds its own Smart Forms, checklists and submission rules. Florida guardianship law and procedure therefore come from both places: the statute decides what must be proved and who must receive notice, and the local requirements decide how the papers reach the judge.

Filing for legal guardianship in Florida starts a guardianship legal proceeding with its own case number, notice, examinations and hearing. Obtaining legal guardianship in Florida always ends in a court order; no one can set up a guardianship by private family agreement, and in Miami and the rest of Miami-Dade County the court-appointed guardian process keeps the incapacity question and the appointment question separate.

Getting guardianship of a parent, whether you are applying for guardianship of an elderly parent in Florida or becoming the court-appointed legal guardian for an elderly parent, follows the same court process as for any other adult. Obtaining guardianship of a parent with dementia requires the same evidence of specific functional limits, whether the parent is your mother, your father or another aging relative; being a son or daughter gives no automatic right to the appointment and no shortcut. Florida law has no “custody” of an elderly parent and no separate conservatorship for an elderly parent: the court-ordered relationship is a guardianship, with only the authority the order grants.

Step 1: the petition to determine incapacity and the petition for appointment

The petition to determine incapacity must be verified and must explain the factual basis for the relief requested, the rights at issue, the assistance the person already uses (including supported decision-making) and, if guardianship is requested, why those alternatives are insufficient (§ 744.3201). A separate petition for appointment of guardian addresses the proposed guardian and their qualifications (§ 744.334). The two are often prepared together, but they answer different questions, and not every protective arrangement uses the same pair of petitions. In Miami-Dade, the applicable Smart Forms, the CC-101 checklist and the proposed guardian’s application accompany the filing.

Step 2: notice and the adult’s court-appointed attorney

The person named in an incapacity petition, the alleged incapacitated person, receives appointed counsel and may substitute a lawyer of their own choosing. That lawyer may not also represent the petitioner or the guardian (§ 744.331(2)). Notice and the petition must be served on the person and read to them as the statute requires; counsel and identified next of kin also receive the required service. A failure to respond does not create a default admission of incapacity.

Step 3: the three-member examining committee

Within 5 days after the petition is filed, the court appoints an examining committee of three members. One must be a psychiatrist or other physician; the others must meet the statutory qualifications, and at least one must have knowledge of the type of incapacity alleged. Members may not be related to or associated with one another, the petitioner, the petitioner’s counsel, the proposed guardian or the person, and must be able to communicate with the person directly or through appropriate assistance. Each member examines the person and files a report within 15 days after that member’s appointment. Physical, mental-health and functional examinations are included when indicated, and omissions must be explained (§ 744.331(3)).

The clerk must serve each report within three days after receipt, and all reports generally must be served at least ten days before the hearing, subject to the statute’s waiver and continuance provisions. Written objections to admissibility generally must be filed and served at least five days before the hearing, with extension for good cause. A majority of the committee finding that the person is not incapacitated in any respect requires dismissal of the petition.

Step 4: the adjudicatory hearing

The hearing is generally held 10 to 30 days after the last committee report is filed; the 10-day minimum may be waived, and good cause can affect the schedule. Incapacity requires clear and convincing evidence. The person must be present unless presence is waived by the person or their attorney or good cause supports absence. The court must identify the specific rights affected and evaluate sufficient alternatives. Family agreement does not eliminate these protections.

Step 5: the order, letters of guardianship, bond and course

If the court appoints a guardian, the order defines the authority, and letters of guardianship are the document banks, hospitals and title companies ask to see. A guardian of the property ordinarily must file an approved bond before exercising authority, unless the court waives it for compelling reasons or orders assets held in a designated financial institution (§ 744.351). A Florida guardianship bond is usually a surety bond from an authorized surety company, and its premium is generally paid from the ward’s property. A nonprofessional guardian generally completes 8 hours of guardian education within 4 months after appointment (§ 744.3145). The initial guardianship report is due within 60 days after letters are signed.

How long guardianship takes in Miami-Dade County

No single total fits every case, and statutory clocks should be calculated from the actual record rather than added together into a promised finish date. These are the separate triggers:

The table summarizes §§ 744.331, 744.3031, 744.362 and 744.3145. It does not calculate the dates in any case.

See the chart “How a Miami-Dade guardianship case moves: the statutory clocks” (opens the full-size image; the details are also in the text).

What stretches a case: difficulty serving the person, a person who does not cooperate with examinations, incomplete reports, objections, competing petitions or proposed guardians, disputed documents, bond, and court calendars. What shortens one: an uncontested petition, complete records, a qualified proposed guardian ready to serve, and early agreement about alternatives. For the full statewide procedure, including report requirements and restoration, use the step-by-step section of the adult guardianship guide.

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Emergency guardianship in Miami-Dade County

Families searching for an emergency guardianship lawyer in Miami usually face a hospital discharge with nowhere safe to go, or someone with access to a parent’s accounts moving money. Those facts may require urgent investigation, but neither automatically establishes the legal standard. If someone faces an immediate medical or safety emergency, call 911 rather than waiting for any website response.

What qualifies for emergency guardianship

The court must find that there appears to be imminent danger that the person’s physical or mental health or safety will be seriously impaired, or that the person’s property is in danger of being wasted, misappropriated or lost, unless immediate action is taken (§ 744.3031). An incapacity petition must already be pending. A troubling situation is not automatically proof of that standard.

Notice and the 24-hour rule

Notice of the emergency petition and hearing generally must be served on the person and the person’s attorney at least 24 hours before the hearing. The petitioner must demonstrate that giving that notice would cause substantial harm to invoke the exception. This is a notice rule, not a guarantee of an order within a day. In Miami-Dade, an emergency petition is filed and docketed first and then uploaded to the court’s Emergency Motion queue in courtMAP; no particular response time is promised.

How long an emergency temporary guardianship lasts

Authority expires 90 days after appointment or when a guardian is appointed, whichever happens first. A further 90 days requires a showing that the emergency conditions continue. The final report is due no later than 30 days after expiration, and final guardian and attorney fees may not be authorized before that report is filed. An ETG is a bridge, not a destination: the underlying incapacity case has to keep moving.

What an emergency temporary guardian can and cannot do

The order must enumerate the powers and duties. The guardian takes an oath, and authority and responsibility begin when letters issue; a property bond may be required before exercising authority. The appointment does not give unrestricted control over accounts, residence, treatment or a house sale. An emergency guardian of the property who was not granted authority to sell real estate cannot sell real estate; read the order before acting on it.

When an emergency guardianship is the wrong tool

Where a durable power of attorney exists and the agent is using it properly, there may be no emergency. Where the problem is a hospital discharge and an existing surrogate can decide, a health care surrogate may already cover it. Where an emergency petition is used to take control of a parent before other relatives can be heard, expect an objection; that is a contested matter, covered on the Florida contested guardianship page. For intake, identify the threatened harm, the next concrete deadline, relevant accounts or documents, the person’s location and any existing authority, and in a contested emergency request, which side needs representation.

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Who can serve as a Miami guardian, and who is disqualified

What disqualifies someone from being a guardian

Section 744.309(3) bars anyone convicted of a felony, anyone incapable of discharging the duties by reason of incapacity or illness, and anyone otherwise unsuitable. It also bars a person judicially determined to have committed abuse, abandonment or neglect against a child, and anyone found guilty of, or who pleaded nolo contendere or guilty to, an offense prohibited under § 435.04, regardless of adjudication. Other subsections restrict people with specified professional, business or creditor relationships, and employees of service providers, subject to exceptions. Disclose the actual record, including the charge, plea and disposition; do not rely on a simplified “no conviction” summary for every screening issue.

Background screening, credit checks and the guardian course

Proposed guardians are screened. Florida provides for credit and criminal history investigations of guardians under § 744.3135, and professional guardians face additional screening, registration and bonding requirements. In Miami-Dade, the proposed guardian completes the court’s Application for Appointment as Guardian and is fingerprinted using the Clerk’s ORI number, as the toolkit table describes. After appointment, a nonprofessional guardian generally completes 8 hours of instruction within 4 months; a parent serving as guardian of a minor’s property generally completes 4 hours. That Florida guardianship training covers the guardian’s duties and responsibilities, the ward’s rights, local resources and how to prepare the plans, reports and accountings. Section 744.3145 allows case-specific waivers or additional requirements and excludes professional guardians from that section.

Out-of-state relatives

Nonresidents must fit the relationships listed in section 744.309(2): lineal relatives, adopted children and adoptive parents, a spouse, brother, sister, uncle, aunt, niece or nephew, people related by lineal consanguinity to any of those relatives, and spouses of otherwise qualified persons. An adult son or daughter who lives in New York can qualify; an unrelated out-of-state friend does not qualify under that provision merely because the relationship is close. Relationship eligibility remains subject to disqualifications, conflicts and the court’s selection decision.

How the court chooses among relatives

Under section 744.312(1), the court must appoint a qualified standby or preneed guardian unless that appointment would be contrary to the person’s best interests. Otherwise, the court may appoint any fit and proper person, considering relationship, relevant experience, capacity to manage the resources involved and ability to meet the case’s needs. It must consider the wishes the person expressed about who should serve, any guardian designated in a will under which the person is a beneficiary, the wishes of next of kin when the person cannot express a preference, and potential disqualifications and conflicts. Being the nearest relative does not automatically confer authority or guarantee appointment. An elderly person may serve if qualified and able to carry out the duties; age alone is not a disqualification. A spouse can serve as guardian if qualified and selected, and seeking legal guardianship of a spouse uses the same petitions as for any other adult, but marriage alone gives no authority over accounts in the other spouse’s sole name; Florida’s health care proxy statute separately gives a spouse priority for medical decisions when no surrogate was named (§ 765.401).

Questions to ask a proposed guardian

Whether a Miami-Dade County court is selecting a guardian for an adult or parents in Miami are deciding how to choose a guardian for a minor child, the same practical questions help. Ask any potential guardian:

• Can you serve for years, not months, and keep records and meet reporting deadlines?
• Do you live close enough to visit, or will you rely on others for day-to-day contact?
• Is there a criminal, credit or conflict issue that screening will reveal?
• How do you get along with the rest of the family, and will you consult them?
• Do you know the person’s wishes and values, and will you follow them?

Doubts are easier to address before a petition is filed than at the hearing, where the court weighs the same concerns.

Family guardian, professional guardian or co-guardians

A family guardian is usually a relative serving for one person. Florida treats a guardian who has served three or more wards, other than a person serving relatives, as a professional guardian (§ 744.102(17)); becoming a professional guardian in Florida requires registration with the Office of Public and Professional Guardians and additional education, a competency examination, screening and a bond (§§ 744.2002 and 744.2003). The court can appoint co-guardians to share work or hold separate person and property responsibilities, and section 744.361 requires guardians to consult with each other. The order should state who decides what and how disagreements are to be addressed; shared appointment should serve the person, not substitute for resolving serious conflict between proposed guardians. Co-guardianship in Florida works when the co-guardians already cooperate; in Miami families it is often proposed for siblings who live in different places, and that arrangement still depends on a clear division of duties.

The lawyers in a Miami guardianship case

A lawyer for the petitioner, a lawyer for the guardian and the adult’s own lawyer have different clients, and none of them represents the family as a group. The kind of lawyer who handles guardianship is a Florida attorney who practices guardianship, usually alongside probate, elder law or estate planning. A guardian ad litem is a distinct court-appointed role for a particular proceeding or conflict — for example, where the guardian’s and the ward’s interests are adverse (§ 744.391) — and should not be equated with the person’s advocate or with the guardian. In Miami and across Miami-Dade County, that probate guardian ad litem is also different from the Florida Guardian ad Litem Program, whose volunteers and staff represent children in dependency cases. Under section 744.362(2), review of the initial report and representation during any objection to it are the appointed attorney’s final official action, so the court-appointed lawyer is not automatically the adult’s lawyer for the life of the guardianship.

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What guardianship costs in Miami-Dade County, and who pays

A useful cost discussion separates the initial court proceeding from administration after appointment. No guardianship flat fee, hourly rate or total estimate is published on this page; the proposed client, the work, the fee arrangement and the costs are addressed for each matter.

The table summarizes §§ 744.108, 744.331(7) and 744.351. It is not a quote or a complete case budget.

See the chart “What a Miami-Dade guardianship costs, and who usually pays” (opens the full-size image; the details are also in the text).

Miami-Dade Clerk filing charges

The Miami-Dade Clerk’s Probate Court page publishes these guardianship filing charges. They are the Clerk’s charges, not the firm’s fees, and they are separate from examining-committee fees, attorney fees and any bond premium.

Charges change. Confirm the current amount with the Miami-Dade Clerk before filing.

The Clerk’s recurring audit fees

A guardianship of the property is not a single filing charge. The Clerk charges again for auditing the verified inventory and every annual accounting, scaled to the size of the estate, for as long as the guardianship of the property stays open.

Fees as posted on the Miami-Dade Clerk’s Probate Court page. The statute provides a process for waiving audit fees in some cases.

Who pays the examining committee and the appointed attorney

Under section 744.331(7), awarded examining-committee and appointed-counsel fees are paid from the ward’s property by the guardian, or by the state if the ward is indigent, subject to the statutory state claim. If the petition is dismissed or denied, committee fees receive separate expert-witness treatment by court order, and a bad-faith finding can result in costs and attorney fees being assessed against the petitioner. Filing a petition against a relative who turns out not to be incapacitated is not cost-free. These provisions do not promise reimbursement of every privately retained attorney’s bill.

Guardian compensation in Florida

A private guardian may receive a reasonable fee, but only with court approval and generally from the ward’s property. Section 744.108(1) entitles a guardian, and an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, to a reasonable fee and reimbursement of costs, measured against the factors in section 744.108(2), such as the time and labor required, the value of the property and the fee customarily charged locally. Florida sets no rate or percentage of the estate. Many family guardians serve without asking for a fee; a guardian cannot simply pay themselves from the ward’s accounts, because fee petitions require itemization and notice. Public guardianship is different: section 744.2008 pays public-guardian administration costs from the office budget.

What a guardianship lawyer costs

How much a lawyer costs for guardianship, or what a lawyer charges for it, depends on the role, whether property is involved, whether emergency relief is needed first, whether anyone objects, and how much continuing work the engagement covers. Two petitions filed the same week can be very different pieces of work, so an average cost for legal guardianship in Florida would not establish the cost of your matter. Lorenzo Law discusses the fee once the matter is understood, and the fee arrangement and costs are set in a written agreement before work begins. Only the initial consultation is free; representation fees and costs are agreed separately in writing. For the separate costs of an estate after death, see the cost of probate in Florida.

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A Miami guardian’s duties after appointment

Appointment is the beginning of a guardian’s responsibilities in Miami-Dade County, not the end of them. A court-ordered guardianship is a supervised relationship, and missed reporting deadlines are a common reason a well-meaning family guardian ends up before the judge.

The table summarizes §§ 744.351, 744.362, 744.367, 744.3145, 744.3678 and 744.441 and the Miami-Dade checklists. Applicable exceptions require review.

Keep receipts, account statements and records of decisions. Reporting is not a formality: the court reviews the guardian’s administration. The Social Security representative-payee exception in section 744.3678(5) depends on the court’s determination, so do not stop accounting solely because Social Security is the only income. Confirm who will prepare reports and monitor deadlines; representation for the appointment should not be assumed to include every future accounting, sale, contested motion or appeal.

Serving as guardian does not make a family member personally responsible for the ward’s debts; bills are paid from the ward’s property within the guardian’s authority. A guardian who mismanages that property, or acts without a required court approval, can be held personally liable for the loss. Applying for Medicaid or other public benefits for the ward is part of a property guardian’s work, but planning steps such as creating a trust or making gifts require court approval first (§ 744.441).

Who oversees guardians in Miami-Dade

The circuit court that appointed the guardian supervises the case. The Clerk reviews and audits initial and annual reports and reports problems to the judge, and the court approves reports, fees and major transactions. Interested persons, including the ward, can object to reports and fee petitions or ask the court to act. Professional guardians are also regulated by the Office of Public and Professional Guardians, which takes complaints about professional guardians. Removal of a guardian and other disputes are covered on the Florida contested guardianship page.

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Guardian advocacy, minors and settlements

Guardian advocacy for a developmental disability (Chapter 393)

Section 393.12 permits guardian advocacy in qualifying circumstances without an adjudication of incapacity. The court examines the person’s decision-making abilities, needed assistance, alternatives and the particular powers proposed. A developmental disability, such as an intellectual disability, autism, cerebral palsy or Down syndrome, or an eighteenth birthday does not by itself establish that someone needs a guardian advocate. The person receives counsel within three days after filing and has hearing rights; the standard is clear and convincing evidence, and rights not specifically granted to the advocate remain with the person. In Miami-Dade, the CC-107 checklist and the guardian-advocacy Smart Forms apply.

The table summarizes § 393.12 and § 744.331. Whether a particular person qualifies, and which route fits, depends on the facts. Neither route is always cheaper or faster.

Guardian advocacy is also different from mental-health guardian advocacy under section 394.4598. Do not assume that every condition beginning before adulthood qualifies. Planning for adulthood can include decision support, valid planning documents, benefits administration and special needs planning; a trust addresses particular financial needs but is not a substitute for personal decision-making authority.

A Miami family looking for a guardian advocate, or for legal guardianship for adult children with disabilities, usually starts with this comparison. Special needs guardianship is not a separate Florida proceeding: legal guardianship for adults with disabilities in Florida is either guardian advocacy under Chapter 393, for a qualifying developmental disability, or a Chapter 744 guardianship. Choosing a legal guardian for a special needs adult in Miami-Dade County raises the same practical questions as any other appointment, including who will still be able to serve in twenty years.

Guardianship of a minor in Miami-Dade

Florida guardianship of a minor does not require the adult incapacity adjudication. Under section 744.3021, the court may appoint a guardian for a minor on petition by a parent, relative or other interested person, without the adult examining committee. Parents are the natural guardians of their child (§ 744.301), so a legal guardianship of a minor in Florida is usually needed when both parents have died, cannot act or have lost their rights, or when the child’s property must be administered under court supervision. In Miami-Dade, a petition for guardianship of a minor in Florida’s Probate Division is accompanied by the CC-102 checklist, and it identifies the child, the parents, the proposed guardian and any property involved.

A grandparent’s need to care for a grandchild raises a different question from administering that child’s settlement: existing parental rights, consent, custody orders and possible family or dependency proceedings must be evaluated, and minor guardianship in Florida is not a shortcut around a parent’s rights.

Types of guardianship for minors

The types of guardianship for minors in Florida’s probate court are a guardian of the person, a guardian of the property, or both. Other Florida proceedings can give a relative authority to care for a child without a probate guardianship: temporary or concurrent custody by an extended-family member under Chapter 751, and a permanent guardianship ordered in a dependency case under Chapter 39. Which one fits depends on whether the parents are living, available and consenting, and whether the problem is the child’s care or the child’s money. Which court hears the case depends on the proceeding: a probate guardianship of a minor is filed in the Probate Division, a permanent guardianship of a dependent child is decided in the dependency (juvenile) division, and temporary or concurrent custody by extended family is filed in circuit court under Chapter 751 (handled in Miami-Dade’s family division).

Temporary, voluntary and emergency arrangements for a child

The emergency temporary guardianship in section 744.3031 depends on a pending adult incapacity petition, so it is not a route to a temporary guardianship of a minor in Florida. What families call a voluntary guardianship of a minor in Florida is usually a parent consenting to a relative’s petition or to Chapter 751 custody; the statutory voluntary guardianship in section 744.341 applies only to adults. A request for a temporary guardianship in Miami therefore needs the right proceeding first. An emergency minor guardianship petition is usually a request for prompt action in the ordinary minor proceeding; when a child is in danger, the emergency route is 911, the Florida Abuse Hotline and the dependency system, not a probate petition.

Stepchildren and blended families in Miami-Dade

Guardianship laws for stepchildren in Miami are the statewide rules: a stepparent has no automatic legal authority over a stepchild, even after years in the same home. Florida guardianship for blended families in Miami-Dade County usually raises three separate questions: who may make decisions for a child if the parent dies or cannot act, who manages money the child inherits or receives, and what the other parent’s rights are. A stepparent can petition as an interested person, but a living parent’s rights come first, and adoption is a different proceeding. Parents can name a preferred guardian for their minor child in advance with a preneed designation (§ 744.3046) and in their estate planning, which helps the court decide who should serve.

A child’s settlement or inheritance

In a Florida minor settlement, guardianship of the property, settlement approval and appointment of a guardian ad litem are separate requirements under section 744.387, section 744.3025 and the Probate Rules. The thresholds turn on the amount and on whether the figure is the gross settlement or the net amount to the minor, so do not treat an inheritance, a settlement’s gross value and its net proceeds as interchangeable. When the net amount to the minor exceeds $15,000, a guardianship of the property is generally required.

For a child in Miami or elsewhere in Miami-Dade County, guardianship and inheritance management usually means a guardian of the property who keeps the money in restricted or court-supervised accounts, files an inventory and annual accountings, and spends it only as the court allows, until the child turns 18. A parent cannot treat a child’s inheritance as family money merely because they are the natural guardian.

When a minor’s guardianship ends

Terminating guardianship of a minor in Florida usually happens when the child turns 18. Reaching 18 ends a guardian’s authority over the person of a minor, but a guardian of the property must still file a final report and obtain discharge (§ 744.521). A minor’s guardianship can also end earlier when it is no longer needed, for example when the property is exhausted. If the young adult will not be able to manage their own affairs at 18, the minor guardianship does not simply continue; an adult proceeding, such as guardian advocacy or an incapacity petition, is required.

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Contested guardianship and restoring rights

Guardianship disputes in Miami-Dade County usually start inside a family: siblings who disagree about a parent’s care, a new partner, or money that has moved. Guardianship disputes in families are decided at a contested guardianship hearing, where witnesses testify, the committee reports can be challenged and the adult’s own lawyer advocates for the adult. Guardianship can be forced on an adult who objects only after that hearing, on clear and convincing evidence, and only for the rights the court removes.

A dispute can arise before appointment, including a challenge to alleged incapacity, the proposed guardian or the adequacy of alternatives. It can also arise later over expenditures, reporting, contact restrictions, abuse or the scope of authority. Preserve the documents and identify the next hearing or service deadline.

Lorenzo Law’s contested-guardianship scope includes representation of adults named in incapacity petitions, defense of family and professional guardians, Office of Public and Professional Guardians complaint matters and exploitation-injunction matters, subject to conflict review and acceptance. Appeals require a separate engagement. The Florida contested guardianship page covers objecting to a petition, removal of a guardian, visitation disputes and surcharge in depth. If a dispute continues after the person dies, it becomes an estate or trust matter; see the Miami probate litigation attorney page.

Many guardianship disputes in Miami families can be narrowed or avoided before a hearing. Early, documented communication with relatives, a qualified proposed guardian the family can accept, transparent accounting and a limited rather than plenary request prevent many objections, and the court in Miami-Dade County can refer contested issues to mediation under its general authority to order mediation. A preneed guardian declaration signed while the person was able also gives the court the person’s own choice.

Exploitation injunctions and guardianship

Florida’s injunction for protection against exploitation of a vulnerable adult (§ 825.1035) is a separate circuit-court remedy. A vulnerable adult, or a person acting on the adult’s behalf as the statute allows, can petition for an order stopping the respondent from exploiting the adult, and the court can enter a temporary injunction, which may include freezing assets, before a full hearing. It can be used alongside a guardianship case, or where the person still has capacity but is being exploited and guardianship would be the wrong tool. Exploitation-injunction matters are within Lorenzo Law’s scope, subject to conflict review and acceptance.

Restoration of capacity

In Florida, restoration of capacity starts when any interested person, including the person under guardianship, files a suggestion of capacity in the pending guardianship, identifying rights the person can now exercise, including independently with appropriate assistance. The court immediately appoints a physician, whose examination and report are due within 20 days after appointment; objections are due within 20 days after service of notice (§ 744.464). A hearing is required if there is a timely objection or the examination suggests full restoration is inappropriate, and restoration is decided by a preponderance of the evidence. Restoration is not guaranteed, and improvement alone does not cancel the order.

Changing, transferring or ending a guardianship

A guardianship can be changed after appointment, but only by the court. A guardian’s powers can be narrowed or expanded by order, rights can be restored, and a guardian can resign (§ 744.467) or be removed (§ 744.474); when a guardian resigns, is removed or dies, the court appoints a successor guardian (§ 744.471). To change legal guardianship from one relative to another, someone must petition and the court decides; relatives cannot swap the role by agreement, and the departing guardian still owes a final report and accounting.

Moving a guardianship between states also needs court orders. A guardian generally needs court permission before moving the ward’s permanent residence out of Florida (§ 744.1098). Transferring a Florida guardianship to another state is handled under § 744.524 and depends on the new state’s procedure for accepting it; a guardianship moving into Florida is recognized under § 744.306. Check Miami-Dade’s Smart Forms and checklists for the current form before filing a petition to transfer or terminate a guardianship.

There is no self-executing emergency termination of a guardianship. If a guardian is causing harm, an interested person asks the court to act, including by a petition for removal. A petition to terminate the guardianship itself is usually a suggestion of capacity for an adult, or a final report when the guardianship is no longer needed (§ 744.521); the end of a guardian’s authority and the steps required for final reporting and discharge are distinct, and the requirements depend on the proceeding and the reason it ends — for example, a guardian of the person is discharged on filing a certified death certificate, while a guardian of the property files a final report and obtains an order of discharge (§§ 744.521, 744.527).

When the ward dies, and closing the guardianship

The guardian’s authority over personal decisions ends at death. A guardian of the property must file a final report no later than 45 days after being served with letters of administration or curatorship in the estate, may retain funds for final costs, and then delivers the property to the personal representative and seeks discharge (§ 744.527). Ending authority is not the same as completing the final accounting and discharge. The estate process that follows is separate; see the Miami probate attorney page.

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Abogado de tutela en Miami: atención en español

En Estados Unidos (EEUU) cada estado tiene su propia ley de tutela. La tutela legal es la autoridad que un juez da a una persona para tomar decisiones por otra. En Florida, la tutela de un adulto es un proceso judicial: un juez decide qué derechos específicos la persona no puede ejercer y si una alternativa menos restrictiva, como un poder notarial duradero (durable power of attorney) o un sustituto para decisiones médicas (health care surrogate), resuelve el problema. El caso se presenta en la División de Sucesiones (Probate Division) del Undécimo Circuito Judicial, en Miami. Si la familia vive en Pinecrest y quiere planificar para hijos menores, vea la guía de planificación para hijos menores en Pinecrest.

Los documentos del tribunal están en inglés. El abogado explica en español los documentos y cada paso del proceso, pero no los traduce palabra por palabra; quien necesite una traducción completa o un intérprete lo contrata por su cuenta.

Solicite una consulta inicial gratuita. Solo la consulta inicial es gratuita; los honorarios y costos de la representación se acuerdan por separado y por escrito.

Solicite una consulta inicial gratuita · Llame al (305) 224-6811

Prepare for a Miami guardianship consultation

• Your role and the client: adult named in a petition, proposed guardian, current guardian, relative or another participant; names of other attorneys and involved people.
• Decision and deadline: what must be decided, what harm is feared, upcoming hearings, hospital discharge dates, transaction dates or reporting deadlines.
• The person’s situation and wishes: residence, present location, preferred language, communication needs, what they can do independently and the support already used.
• Existing documents: durable power of attorney, health care surrogate designation, living will, trust, preneed guardian declaration, benefits appointment and any court orders.
• Functional evidence: available physician information, evaluations and specific dated observations; separate direct knowledge from assumptions.
• Property and income: a preliminary asset list, ownership information, benefits, recurring bills and unusual transactions; an initial inquiry does not require exact values.
• Family and proposed guardian: names and contact information for next of kin, disagreements, availability to serve, and any screening concerns.
• An existing case: petitions, service documents, the case number, orders, letters, reports and hearing notices, including proceedings outside Florida.
• Continuing work: whether the request concerns appointment only, reporting, a proposed transaction, a dispute, restoration or an appeal.

Missing a document need not prevent an initial inquiry. Identify what is available and what may need to be obtained lawfully, and do not use someone else’s credentials or access accounts without authority. If you suspect abuse, neglect or exploitation of a vulnerable adult, call 911 in an emergency or report it to the Florida Abuse Hotline at 1-800-962-2873.

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Key guardianship terms

Alleged incapacitated person

The adult named in a pending incapacity petition; an allegation is not an adjudication.

Ward

A person for whom a guardian has been appointed.

Examining committee

The three members appointed to evaluate abilities in the adult incapacity process.

Letters of guardianship

The court-issued evidence of appointment and authority, read with the order and the law.

Plenary guardian

A guardian who exercises all delegable rights within the appointment.

Limited guardian

A guardian who exercises only the rights the order names.

Emergency temporary guardian

A guardian appointed on a finding of imminent danger while an incapacity petition is pending, for a limited time.

Guardian advocate

A distinct statutory appointment; the developmental-disability (§ 393.12) and mental-health (§ 394.4598) contexts must not be combined.

Guardian ad litem

A separate court-appointed role for a particular proceeding or conflict, not the person’s own lawyer or guardian.

Public guardian

A guardian of last resort for people of limited means when no one else is willing and qualified; in Miami-Dade, the Guardianship Program of Dade County.

Professional guardian

A guardian who has served three or more unrelated wards and is registered with the Office of Public and Professional Guardians.

Natural guardian

A parent, by law, for a minor child; not the same as a court-appointed guardian of the child’s property.

Successor guardian

A guardian the court appoints when the original guardian resigns, is removed or dies.

Interested person

A context-dependent status; do not assume every relative has every participation or notice right.

Sui juris

Of legal age and capacity; part of the inquiry into who may serve as guardian.

Suggestion of capacity

A filing that starts the adult restoration process under § 744.464.

Conservatorship

In Florida, Chapter 747 addresses absentees; it is not the adult incapacity proceeding.

Tutela

The Spanish word most families use for guardianship.

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Frequently asked questions about Miami guardianship

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Do I need a lawyer to file for guardianship in Florida?

Generally, yes. Florida Probate Rule 5.030(a) requires every guardian to be represented by an attorney admitted to practice in Florida; a guardian who is a Florida attorney may represent themselves. A guardian advocate need not have counsel unless the law or the court requires it. The adult named in an incapacity petition has a separate right to counsel. These are different representation questions, which is why a family generally cannot file for or obtain legal guardianship without a lawyer, and court websites tell families to hire one.

What type of lawyer handles guardianship in Miami-Dade?

The type or kind of lawyer who deals with guardianship and helps families through it is a Florida attorney who practices guardianship, usually alongside probate, elder law or estate planning, and who knows the Eleventh Judicial Circuit’s Probate Division procedures: Smart Forms, mandatory checklists and courtMAP. The petitioner’s or guardian’s lawyer is not the lawyer the court appoints for the adult, and neither represents the whole family. Ask any lawyer who would assist with guardianship whom they would represent and what the engagement covers.

How much does a guardianship lawyer cost in Miami?

It depends on the work: whether the case is person-only or includes property, whether emergency relief comes first, whether anyone objects, and how much continuing reporting the engagement covers. Reasonable attorney fees for services to the ward may be paid from the ward’s property with court approval under section 744.108. Lorenzo Law publishes no guardianship fee; the fee arrangement and costs are set in a written agreement once the matter is understood. Only the initial consultation is free; representation fees and costs are agreed separately in writing.

Where do I file for guardianship in Miami-Dade County?

Appropriate Miami-Dade guardianship matters are handled in the Probate Division of the Eleventh Judicial Circuit; the Probate Clerk is at the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami, FL 33128. Section 744.1097 separately addresses incapacity and appointment venue, including residence, where the person is found and other circumstances. Counsel generally files electronically and follows local Smart Forms, checklists and submission instructions. Check the actual notice for any appearance location.

How do I get guardianship of a parent with dementia in Miami?

It works the same way as for any adult: a petition to determine incapacity and a petition to appoint a guardian, a lawyer for your parent, an examining committee and a hearing in the Miami-Dade Probate Division. Dementia or Alzheimer’s disease alone does not establish incapacity, so the evidence has to show which specific decisions your parent can no longer make. Check first whether your parent signed a power of attorney, health care surrogate designation or preneed guardian declaration, and whether your parent can still sign one; that may make guardianship unnecessary.

Can I get guardianship without going to court in Florida?

No. No one gets legal guardianship of an adult in Florida without going to court; an emergency temporary guardianship also requires a pending incapacity petition, specific findings, and counsel for the person. What works without court is usually a document the person signed while able to, such as a durable power of attorney or a health care surrogate designation. If the person signed no advance directive, Florida’s health care proxy statute (§ 765.401) supplies a default medical decision-maker by operation of law.

Is guardianship hard to get in Florida?

For an adult, it is meant to be demanding. The petitioner must prove by clear and convincing evidence which rights the person cannot exercise, the person has a lawyer, an examining committee evaluates them, and the court must refuse guardianship where a less restrictive alternative is sufficient. A well-documented, uncontested case is usually more straightforward than one with thin evidence or objecting relatives. Guardianship of a child needs no incapacity finding, but a living parent’s rights and consent shape how hard it is.

Does a power of attorney prevent a guardianship?

A valid, sufficient alternative can make guardianship unnecessary, and guardianship does not automatically override a power of attorney. The court must assess the authority actually available, whether it addresses the problem and any properly raised validity or abuse issue. A document’s existence alone does not resolve every case. An existing power of attorney may keep working as an alternative, but once a petition to determine incapacity is filed, the agent’s authority is generally suspended until the court rules or allows the agent to act.

What qualifies for an emergency guardianship in Florida?

The court must find that there appears to be imminent danger that the person’s physical or mental health or safety will be seriously impaired, or that the person’s property is in danger of being wasted, misappropriated or lost, unless immediate action is taken (§ 744.3031). An incapacity petition must already be pending. A hospital discharge or a worrying bank statement may call for urgent action, but neither automatically meets the standard.

How fast can I get an emergency guardianship in Miami-Dade County?

There is no guaranteed answer to how long it will take to get an emergency guardianship. To move fast in Florida, an emergency temporary guardianship requires the findings in section 744.3031 and a pending incapacity petition. The 24-hour provision generally governs notice to the person and their lawyer, with a demonstrated substantial-harm exception. In Miami-Dade, the emergency petition is filed and docketed and then submitted through the court’s Emergency Motion queue in courtMAP; no particular response time is promised.

How long does an emergency temporary guardianship last?

Authority expires 90 days after appointment or when a guardian is appointed, whichever occurs first. An additional 90 days requires a showing of continuing emergency conditions. The final report is due within 30 days after expiration. The appointment grants only the specifically authorized powers, and the underlying incapacity case must keep moving.

How long does the guardianship process take in Miami-Dade County?

No single total fits every case, and how long guardianship will take in Florida depends on the record. Committee appointment (within 5 days of filing), reports (within 15 days of each appointment), service, the hearing and letters are distinct steps. The hearing generally occurs 10 to 30 days after the last committee report, subject to waiver and good cause. Disputes, incomplete evidence, notice and scheduling can affect the matter; statutory steps should not be added into a promised finish date.

What does the examining committee actually do?

Each of the three members examines the adult’s ability to exercise the rights at issue and files a report within 15 days after appointment. One member must be a psychiatrist or other physician, and at least one must have knowledge of the type of incapacity alleged. Qualifications, independence, communication and examination requirements apply. Reports inform the court; they do not automatically transfer authority to a relative.

Can the person named in a guardianship petition object or have a lawyer?

Yes. The adult named in the petition has a court-appointed lawyer, may hire their own lawyer instead, must be present at the hearing unless presence is waived or excused, and may contest the evidence, propose alternatives and object to the proposed guardian. Lorenzo Law represents adults named in incapacity petitions, subject to conflict review; a lawyer for the adult cannot also represent the family seeking the appointment.

How much does guardianship cost in Miami-Dade County?

Consider Clerk charges (the Miami-Dade Clerk posts $232 for a petition to determine incapacity, $236 for guardianship of the person only and $401 for a formal guardianship), examining-committee and appointed-counsel fees, retained counsel, any bond and ongoing administration, including Clerk audit fees for each annual accounting. The Clerk’s schedule is not a complete case price. Only the initial consultation is free; representation fees and costs are agreed separately in writing.

Who pays for a guardianship in Florida?

In most cases the ward pays, through the ward’s own property, and only with court approval. The petitioner usually advances the filing costs and the lawyer’s initial work, and a family member who wants to be reimbursed should keep records and ask the court. If the person is indigent, the state pays certain examining-committee and appointed-counsel fees under the statute. A petitioner who files in bad faith can be ordered to pay costs and fees.

Who pays the examining committee fees?

Under section 744.331(7), awarded fees are paid from the ward’s property by the guardian or by the state if the ward is indigent, subject to the statutory state claim. Dismissal or denial brings separate expert-witness-fee treatment by court order. A bad-faith filing can expose the petitioner to costs and attorney fees. Private representation is a separate payment question.

Do guardians get paid in Florida?

A private guardian may receive a reasonable fee, but only with court approval and generally from the ward’s property, measured against the factors in section 744.108. Florida sets no rate or percentage. Many family guardians serve without asking for a fee, and a guardian cannot simply pay themselves from the ward’s accounts, because fee petitions require itemization and notice. Public-guardian administration costs are paid from the public guardianship office budget.

What disqualifies someone from serving as a guardian in Florida?

Section 744.309(3) bars anyone convicted of a felony, anyone incapable of discharging the duties because of incapacity or illness, and anyone otherwise unsuitable. It also bars a person judicially determined to have committed abuse, abandonment or neglect against a child, and anyone found guilty of, or who pleaded guilty or nolo contendere to, an offense prohibited under section 435.04, regardless of adjudication. Conflict rules apply to people with certain professional, business or creditor relationships, and an unrelated nonresident cannot serve.

Can a felon be a guardian in Florida?

Section 744.309(3) bars a person convicted of a felony from appointment. It also contains other offense, abuse, suitability and conflict restrictions. Disclose the actual charge, plea and disposition for review; the felony-conviction rule is not the whole screening statute. Raise any record early, before the proposed guardian completes the court’s application.

Can an out-of-state relative serve as guardian in Florida?

Possibly. A non-resident can be a guardian in Florida if the person fits a relationship in section 744.309(2), is otherwise qualified and is selected by the court. The list includes lineal relatives such as an adult son or daughter, adoptive relationships, a spouse, brother, sister, uncle, aunt, niece or nephew, certain related persons and spouses of qualified persons. Being a relative does not guarantee appointment; an unrelated nonresident friend does not qualify under that provision simply through closeness.

Does a guardian have to take a course or pass a background check?

Generally, a nonprofessional guardian completes eight hours of instruction within four months after appointment; a parent guardian of a minor’s property generally completes four. Section 744.3145 allows case-specific waiver or additional requirements and excludes professional guardians from that section. Screening is separate: Florida provides for credit and criminal history investigations under section 744.3135, and Miami-Dade’s application and checklist set the local requirements.

Where do Miami-Dade guardians take the required course and get fingerprinted?

The Guardianship Program of Dade County is an approved provider of the 8-hour guardianship course for the Eleventh Judicial Circuit, with classes in English and Spanish; families can also find other approved Florida providers. For fingerprinting, the court’s guardianship resource pages direct proposed guardians to a fingerprinting agency using the Miami-Dade Clerk’s ORI number, FL013124Z, with results sent to the court. Confirm current instructions with the court and the provider before scheduling.

Can two people serve as co-guardians in Florida?

Yes. The court can appoint more than one guardian, and section 744.361 requires consultation between them. The order should clearly identify each guardian’s authority. Shared appointment does not authorize either person to ignore the order or the other guardian’s assigned role.

What are the pros and cons of co-guardianship?

Co-guardianship in Miami-Dade County has real pros and cons. Shared work and complementary skills can help. Poor communication, unclear authority and unresolved conflict can complicate decisions and require court involvement. Before proposing co-guardians in Miami, settle who will decide what. Evaluate the person’s needs and the proposed division of responsibilities, rather than using co-guardianship simply to satisfy competing relatives.

What is the Guardianship Program of Dade County?

It is a nonprofit organization that serves as Miami-Dade’s public guardian for adults found incapacitated who have no one else willing and qualified to serve and who meet its eligibility rules, and it offers the guardian education course. Under section 744.2007, a public guardian serves only when no family member, friend, other person, bank or corporation is willing and qualified, and public guardians primarily serve people of limited financial means. It is not a law firm and does not replace counsel for a family member seeking appointment.

What is the difference between guardian of the person and guardian of the property?

The person role concerns delegated personal decisions such as residence, care and health; the property role concerns authorized asset administration such as bank accounts, real estate, income and benefits. Their reporting duties differ, and the roles can be held separately or together. Neither grants unlimited authority. Existing surrogate authority, property-bond requirements and court approvals must be considered.

What is the difference between plenary and limited guardianship?

A limited guardian exercises specified rights within the appointment. A plenary guardian exercises all delegable rights covered by the appointment after the necessary findings. Some rights cannot be delegated at all. The court must evaluate sufficient alternatives, and rights may later be restored through the appropriate process.

What rights does a person lose in a Florida guardianship?

An adult incapacity order must identify the rights removed. Section 744.3215 distinguishes retained rights, rights removable but not delegable (such as voting, marrying and having a driver license), and rights that may be delegated (such as contracting, managing property and consenting to medical treatment). Counsel, dignity and court access remain important protections. Contact, notice and preferences have applicable legal qualifications; a guardian does not obtain blanket control of the person’s life.

Does Florida have conservatorship?

Florida Chapter 747 addresses conservatorship of absentees. It is distinct from adult incapacity guardianship under Chapter 744. Someone using another state’s terminology should identify the decision and existing order rather than assume the labels and powers transfer unchanged. Alternatives may still avoid guardianship.

What is guardian advocacy and how is it different from guardianship?

Developmental-disability guardian advocacy under section 393.12 can grant specified decision-making powers without an incapacity adjudication. The court evaluates eligibility, actual abilities and alternatives, appoints counsel for the person and applies the hearing safeguards. It is not automatically appropriate whenever a disability exists, and it is distinct from mental-health guardian advocacy.

My child with a developmental disability turns 18 soon—what do I need?

Review the young person’s abilities, wishes, supports, documents, benefits and the specific decisions requiring assistance before adulthood. Parental status does not automatically give authority over an adult child. Guardian advocacy may be one option; supported decision-making, valid planning documents or other arrangements may address the need. Diagnosis alone does not decide the route, and benefits planning, including a special needs trust, often belongs in the same conversation.

Can a guardian sell the ward’s house?

Appointment alone is not enough. Section 744.441(12) places sales, mortgages and leases of estate property, including homestead, within the court-approval framework. Review the guardian’s scope, the requested transaction and approval requirements before acting. Miami-Dade also publishes a real-property-sale checklist.

What reports does a guardian have to file?

The initial report is generally due within 60 days after letters are signed: a personal plan or a verified property inventory as appropriate. Annual personal plans with a physician’s report and annual property accountings have different clocks and calendar or fiscal-year qualifications under section 744.367; the accounting is generally due April 1. Applicable exceptions require review; for example, the Social Security payee exception depends on a court determination. In Miami-Dade, the Clerk audits the reports before the judge acts.

Can a guardianship be ended if my parent recovers?

Rights can be restored in whole or in part under section 744.464. The suggestion-of-capacity process includes physician review, notice, potential objections and a hearing when required. Recovery does not itself cancel the order. Final reports and discharge may remain necessary. The adult guardianship guide explains the procedure in more detail.

What happens to a guardianship when the ward dies?

In Florida, a guardianship of the person ends at death, because the guardian’s authority over personal decisions ends. A guardian of the person is discharged after filing a certified death certificate. A guardian of the property must file a final report no later than 45 days after being served with letters of administration or curatorship in the estate, may retain funds for final costs, and then delivers the property to the personal representative and seeks discharge.

How is guardianship of a minor different from adult guardianship?

A minor case does not use the adult incapacity adjudication. The court considers the child’s circumstances, parental rights and property under the applicable minor-guardianship rules. Reaching adulthood does not eliminate every final reporting, distribution or discharge obligation. A custody dispute may require a different proceeding.

Do I need a guardianship if my child received a settlement?

Possibly. Review the settlement’s gross and net amounts, existing litigation, proposed distribution, parental interests and any existing guardianship. When the net amount to the minor exceeds $15,000, a guardianship of the property is generally required. Settlement approval, property guardianship and appointment of a guardian ad litem are separate requirements. Do not assume a parent may receive or spend all proceeds merely because the recipient is their child.

Can grandparents get guardianship of a grandchild in Florida?

A grandparent may have a route to seek authority, but the appropriate proceeding depends on parental rights, existing orders, consent, the child’s needs and whether the issue is care or property. Adult incapacity rules do not answer that question. Family or dependency proceedings may be relevant; no automatic entitlement follows from the relationship.

What if my parent speaks only Spanish?

The petition states the person’s primary language, if known, and examining-committee members must be able to communicate with the person in their language, directly or through an interpreter, or in a medium the person understands. Court documents are in English. Jose M. Lorenzo, Jr. consults in Spanish and explains each document and step in Spanish, but does not translate documents word for word; a family that needs a full translation or an interpreter arranges one separately.

Talk to a Miami guardianship attorney

Identify your role, the person who needs help, the decision or court issue and any approaching deadline, such as a hospital discharge, a hearing or a reporting date. Sending a message does not mean the firm has accepted the case or undertaken to meet a deadline.

Lorenzo Law is a solo practice. Jose M. Lorenzo, Jr. (Florida Bar No. 107002) personally takes the first call, and the attorney you speak with at the first call is the attorney who handles any matter the firm accepts, at every stage the engagement covers. Before hiring a guardianship lawyer, Miami-Dade families often ask who will actually do the work; here it is the same attorney throughout. The scope of any representation is set in the written retainer agreement between the attorney and the client. He represents adults named in incapacity petitions, relatives and other interested persons, and family and professional guardians in Miami-Dade guardianship matters, subject to conflict review and acceptance. Clients can meet by phone, Zoom or WhatsApp, or in person by appointment. The principal office is in Kissimmee; meetings in Coral Gables and Fort Lauderdale are by appointment, and consultations are available statewide by phone or video in English and Spanish.

Request a free initial consultation. Only the initial consultation is free; representation fees and costs are agreed separately in writing. Representation requires a conflict review, acceptance and an engagement agreement.

Request a free initial consultation · Call (305) 224-6811

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Related pages: adult guardianship in Florida · Florida contested guardianship · South Florida guardianship · Miami probate attorney · Florida power of attorney · Florida health care surrogate · Florida special needs trusts · conservatorship in Florida.

This page provides general information about Florida law, not advice for a particular person or proceeding. Reading it or requesting a consultation does not create an attorney-client relationship. Do not send medical records, account numbers or other sensitive documents through a public inquiry form.

Sources and authorities cited

Statutes cited are Florida Statutes (2026) unless noted. The text of the law, court instructions and orders in the particular case control over any summary on this page. Local court and Clerk information was checked on 30 October 2026.