Miami Guardianship Attorney

By Jose M. Lorenzo, Jr. · Florida Bar No. 107002 · Lorenzo Law, Coral Gables, Florida · Last updated August 23, 2026

A Miami guardianship attorney petitions the Probate Division of the Eleventh Judicial Circuit to have a guardian appointed for an adult who can no longer make safe decisions, or for a minor who needs one. In Florida the process runs under Chapter 744 of the Florida Statutes, and it has two halves that are filed together: a petition to determine incapacity, and a petition for appointment of guardian. A three-member examining committee evaluates the person, a judge decides which rights they can no longer exercise, and only those rights pass to a guardian.

Two things surprise most families. The first is that you cannot do this yourself — Fla. Prob. R. 5.030(a) requires every guardian to be represented by a Florida attorney. Legal representation is not optional here. The second surprise is the speed available when it is needed: where there is imminent danger to a person or their money, an emergency temporary guardian can be appointed on as little as 24 hours’ notice (Fla. Stat. § 744.3031).

This page covers Florida guardianship procedures as they run in Miami-Dade County — what a legal guardianship actually involves, what it costs, where it is filed, how long it takes, who is allowed to serve, and the alternatives that may make it unnecessary. If a guardianship already exists and your family is fighting about it, that is a different matter: see Florida guardianship litigation. To speak with a lawyer now, call (305) 224-6811.

Miami guardianship: the short answers

Question	Answer	Authority
Do I need a lawyer to file for guardianship in Florida?	Yes. Every guardian must be represented by an attorney admitted in Florida. A guardian who is a Florida attorney may represent themselves.	Fla. Prob. R. 5.030(a)
How fast can I get an emergency guardianship?	Days. The court may appoint an emergency temporary guardian on 24 hours’ notice, and may dispense with notice entirely where giving it would cause substantial harm.	§ 744.3031(2)
How long does an emergency guardianship last?	90 days from appointment, or until a permanent guardian is appointed — whichever comes first. Extendable once by 90 more days.	§ 744.3031(4)
Where is guardianship court in Miami-Dade?	Probate Division, Osvaldo N. Soto Miami-Dade Justice Center, 20 N.W. 1st Avenue, Miami, FL 33128.	11th Judicial Circuit
Can a felon be a guardian in Florida?	No. The bar is absolute — a judge has no discretion to weigh a felony conviction against other factors.	§ 744.309(3); Beckford v. Beckford
Can an out-of-state relative serve?	Only if related to the ward in one of the ways the statute lists — lineal relatives, adopted children or parents, spouse, sibling, uncle, aunt, niece, or nephew.	§ 744.309(2)
Who pays the examining committee?	The guardian pays from the ward’s property, or the state pays if the ward is indigent and then holds a creditor’s claim against the guardianship. On dismissal, committee fees become expert-witness fees.	§ 744.331(7)
How long does the whole process take?	Roughly 30 to 50 days on the statutory track: committee appointed within 5 days, reports within 15, hearing 10 to 30 days after the last report.	§ 744.331(3), (5)
Are the filing fees negotiable?	No. Guardianship filing fees are fixed statewide by statute and the clerk must collect them — $230 for an incapacity petition, $395 for a formal guardianship, plus statutory service charges.	§ 28.2401
Does Florida have conservatorship?	Not for incapacitated adults. Florida’s conservatorship chapter applies to absentees. What other states call conservatorship, Florida calls guardianship.	Ch. 747; § 747.01
Does the guardian have to take a course?	Yes — 8 hours of instruction within 4 months of appointment. Professional guardians are exempt from this section.	§ 744.3145(2), (4), (7)

What guardianship is, and what a guardian actually controls

Guardianship is a court proceeding in which a judge finds that an adult cannot perform some or all of the tasks necessary to care for their own person or property, removes the corresponding legal rights, and delegates them to someone else. It is not a status a family confers on itself. It exists only by court order, and the order controls its scope.

Florida law is deliberately structured so that a guardianship removes as little as possible. Section 744.3215 divides a person’s rights into three groups: rights that are always retained no matter what the order says, rights that may be removed but never handed to a guardian, and rights that may be removed and delegated.

Category	Examples
Always retained (§ 744.3215(1))	Humane treatment and protection from abuse, neglect and exploitation; annual review of the need for restrictions; restoration of capacity at the earliest possible time; counsel; access to the courts; privacy; visitors and communication with others.
May be removed, never delegated (§ 744.3215(2))	To marry — though if the right to contract has been removed, marriage becomes subject to court approval; to vote; to personally apply for government benefits; to hold a driver license; to travel; to seek or retain employment.
May be removed and delegated (§ 744.3215(3))	To contract; to sue and defend lawsuits; to apply for government benefits; to manage property or make gifts of it; to determine residence; to make health care decisions; to make decisions about social environment and social life.

Guardian of the person vs. guardian of the property

These are separate appointments and they can go to different people. A guardian of the person makes decisions about where the ward lives, medical treatment, and daily care. A guardian of the property — what families often search for as estate guardianship — controls bank accounts, real estate, income, and benefits. One person can hold both roles, or a family can split them: an adult child near the parent handles the person, a sibling with financial experience handles the property.

The split matters practically, because the two roles carry different reporting duties and only the guardian of the property posts a bond and files accountings.

Plenary vs. limited guardianship

A plenary guardian exercises all delegable rights, after a finding that the person cannot perform any of the tasks necessary to care for their person or property. A limited guardian exercises only the specific rights named in the order, after a finding that the person cannot do some but not all of those tasks (§ 744.102). Families sometimes ask for permanent guardianship; there is no such category in Chapter 744. What they usually mean is plenary — and even a plenary guardianship is not permanent: § 744.372 requires the court to review the appropriateness and extent of every guardianship annually, and rights can be restored in whole or in part if capacity returns.

Where a limited guardianship will do the job, the court is supposed to order that instead. If your relative can still choose where to live but cannot manage a bank account, say so at the hearing.

One term worth retiring: Florida guardianship does not make anyone a ward of the state. That phrase belongs to child welfare proceedings under Chapter 39. A person under a Chapter 744 guardianship is a “ward,” but the guardian is a private individual or professional accountable to a judge — not a state agency, and not the government taking custody of your relative.

When a Miami family needs a guardianship

Guardianship is not a diagnosis, it is a functional finding — the question is never what condition someone has, but which decisions they can no longer safely make. That said, the calls we take in Miami-Dade cluster around a short list of triggers.

Situation	What usually forces the filing
Dementia or Alzheimer’s disease	A bank freezes an account, a facility demands a decision-maker, or a parent starts sending money to strangers. Progressive decline with no power of attorney signed in time.
Stroke or traumatic brain injury	Capacity is lost overnight in an otherwise healthy adult. Nothing was signed because nothing seemed urgent.
Hospital or nursing home discharge	The hospital will not release a patient without someone legally able to consent to placement, and no health care surrogate exists.
Severe mental illness	Repeated crises, an inability to manage benefits or housing, and no one with authority to act between episodes.
A developmental disability at 18	Parental authority ends on the birthday. This is a guardian advocacy case under Chapter 393, not a Chapter 744 guardianship — see below.
Suspected financial exploitation	Money moving to a new “friend,” a caregiver added to an account, or a deed signed during decline. This is where an emergency filing is usually the right first step.
Assisted living admission	The facility’s contract requires a responsible party with legal authority, and the resident can no longer sign it themselves.

Two of these carry a warning. If capacity has not yet been lost, do not file — sign a durable power of attorney and a health care surrogate instead, this month. And if the concern is exploitation, act early: a guardianship lawyer can move for emergency relief in days, but money that has already left an account is far harder to recover than money that has not.

Does Florida have conservatorship?

Not in the sense most people mean. If you are searching for a conservatorship lawyer because a parent in Miami can no longer manage their affairs, the proceeding you need is a guardianship. Florida’s conservatorship chapter, Chapter 747, applies to absentees — service members reported missing, interned or captured, and residents who disappear under circumstances suggesting death, amnesia or other mental cause (§ 747.01). It has nothing to do with dementia, stroke, or a developmental disability.

The confusion is understandable. California, New York and many other states use “conservatorship” for exactly what Florida calls guardianship of the property. If you moved here, or you are handling a parent’s affairs from out of state, translate the term and the rest of this page applies. For a fuller comparison, see conservatorship in Florida.

Where guardianship cases are filed in Miami-Dade County

Guardianship is heard in the Probate Division of the Eleventh Judicial Circuit, at the Osvaldo N. Soto Miami-Dade Justice Center, 20 N.W. 1st Avenue, Miami, Florida 33128. Six circuit judges and two general magistrates are assigned to the division, which also handles estates and trusts, mental health matters under the Baker Act, and substance abuse matters under the Marchman Act. The clerk’s probate office can be reached at (305) 275-1155.

Venue lies in the county where the alleged incapacitated person resides — so a parent living in Coral Gables, Coconut Grove, Brickell, Downtown Miami, Doral, Hialeah, Kendall, Aventura, Miami Beach, South Miami, West Miami, Pinecrest, Palmetto Bay, Cutler Bay, Miami Lakes, Miami Shores, North Miami, Sunny Isles Beach, Miami Gardens, Homestead, Key Biscayne or anywhere else in Miami-Dade County is a Miami-Dade filing, regardless of where the petitioning family member lives. We regularly act for adult children who live out of state and are trying to protect a parent here.

Miami-Dade guardianship filing fees

Filing	Clerk’s fee
Petition to determine incapacity	$232
Guardianship of the person only	$236
Formal guardianship (person and property)	$401
Veterans Administration guardianship	$236

These are clerk’s filing fees only, and they are set by state statute rather than by the county — see what guardianship costs below for the statutory basis under Fla. Stat. § 28.2401. They are separate from examining committee fees, attorney’s fees, and any bond premium. Fee schedules change — confirm the current amount with the Miami-Dade Clerk before filing. For the wider probate picture in this county, see our Miami-Dade probate court guide.

The Miami-Dade Guardianship Program and public guardians

Not every case has a family member able or willing to serve. Where an incapacitated adult has no suitable relative and cannot afford a private professional guardian, Florida’s public guardianship system — administered through the Office of Public and Professional Guardians and delivered locally in Miami-Dade County — can provide a guardian of last resort. Capacity is limited and eligibility is income-based, so the program is not an alternative to hiring counsel where family is available.

Private professional guardians also serve in Miami-Dade, usually where family members cannot agree or where the estate is complex enough to need one. They are registered, bonded, and paid from the ward’s assets, and they are subject to the same court oversight as a family guardian.

Emergency guardianship in Miami-Dade County

An emergency temporary guardianship (ETG) is the fastest relief available in a Florida guardianship case, and it is what most families searching for an emergency guardianship lawyer in Miami actually need. It exists for the weekend when a parent is being discharged from a hospital with nowhere safe to go, or the week when someone with access to their accounts starts moving money.

How fast can I get an emergency guardianship in Miami?

Days, not weeks. Once a petition to determine incapacity has been filed, the court may appoint an emergency temporary guardian on a specific finding that “there appears to be imminent danger that the physical or mental health or safety of the person 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(1)). Notice to the alleged incapacitated person and their attorney can be as short as 24 hours before the hearing, and the court may dispense with notice altogether on a showing that giving it would itself cause substantial harm (§ 744.3031(2)).

How long does an emergency guardianship last?

The authority expires 90 days after appointment, or when a permanent guardian is appointed, whichever occurs first. It may be extended once, for an additional 90 days, on a showing that the emergency conditions still exist (§ 744.3031(4)). An ETG is a bridge, not a destination — the underlying incapacity case has to keep moving during those 90 days.

What an emergency temporary guardian can and cannot do

Only what the order says. The emergency guardian’s powers are specifically enumerated by the appointing order (§ 744.3031(1)), which means the order is the whole scope of the authority. A common and expensive mistake is assuming the appointment carries general control: 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.

One further point on money: the court may not authorize payment of the emergency temporary guardian’s final fees — or their attorney’s — until the final report is filed, which is due no later than 30 days after the emergency guardianship expires (§ 744.3031(9)(a)–(b)).

When an emergency guardianship is the wrong tool

Where the problem is that a durable power of attorney exists and the agent is using it properly, there is no emergency. Where the problem is a hospital discharge and the family agrees, a health care surrogate may already cover it. And where an emergency petition is being used to seize control of a parent before other relatives can be heard, it will draw an immediate objection — that is guardianship litigation, and it is handled here.

How to become a guardian in Miami-Dade County, step by step

Step 1 — File the petition to determine incapacity and the petition for appointment

Two petitions are filed together in the Probate Division: one asking the court to determine that the person is incapacitated and to specify which rights they can no longer exercise, and one asking the court to appoint a particular person as guardian. The court appoints an attorney to represent the alleged incapacitated person — that attorney is theirs, not yours (§ 744.331(2)).

Step 2 — The three-member examining committee

Within 5 days of the petition being filed, the court appoints an examining committee of three members (§ 744.331(3)(a)). One must be a psychiatrist or other physician. The remaining two may be a psychologist, gerontologist, psychiatrist, physician, advanced practice registered nurse, registered nurse, licensed social worker, a person with an advanced degree in gerontology, or anyone else the court finds qualified to give an expert opinion. At least one of the three must have knowledge of the type of incapacity alleged. Two safeguards worth knowing: absent good cause the attending or family physician may not serve on the committee (though the committee must consult that physician if available), and members may not be related to or associated with each other, the petitioner, the petitioner’s or proposed guardian’s counsel, or the alleged incapacitated person. Each member examines the person independently and files a written report with the clerk within 15 days of appointment (§ 744.331(3)(e)).

These reports drive the case. Where a committee is unanimous, the hearing is usually short. Where it is divided, or where a member relied on a single brief visit, the outcome is genuinely open.

Step 3 — The adjudicatory hearing

The hearing is held at least 10 days but no more than 30 days after the last committee report is filed (§ 744.331(5)(a)) — the 10-day minimum may be waived, and the outer limit can move for good cause. Incapacity must be proved by clear and convincing evidence (§ 744.331(5)(c)) — a higher standard than the one that governs most civil cases. If the court finds the person incapacitated, the order specifies exactly which rights are removed. If it does not, the petition is dismissed and the person keeps everything.

Step 4 — Letters of guardianship, bond, and the 8-hour course

After appointment the clerk issues letters of guardianship — the document banks, hospitals and title companies will actually ask to see. A guardian of the property must file a bond with surety before exercising authority, payable to the Governor and conditioned on faithful performance (§ 744.351(1)) — though on a showing of compelling reasons the court may waive the bond or instead require that the ward’s assets be held in a designated financial institution. And the guardian must complete 8 hours of instruction within 4 months of appointment (§ 744.3145(2), (4)); a parent serving as guardian of a minor child’s property needs 4 hours (§ 744.3145(3)). Professional guardians are exempt from this section (§ 744.3145(7)).

How long does guardianship take in Miami-Dade County?

Stage	Timeframe	Authority
Emergency temporary guardianship	Days. Notice as short as 24 hours	§ 744.3031(2)
Examining committee appointed	Within 5 days of filing	§ 744.331(3)(a)
Committee reports filed	Within 15 days of appointment	§ 744.331(3)(e)
Adjudicatory hearing	10 to 30 days after the last report	§ 744.331(5)(a)
Uncontested case, start to letters	Roughly 30 to 50 days on the statutory track; 6 to 10 weeks is realistic once scheduling is added	—
Initial guardianship plan due	60 days after letters are signed	§ 744.362(1)
Guardian education completed	4 months after appointment	§ 744.3145(4)

Who can serve as guardian — and who is disqualified

Any Florida resident who is sui juris and 18 or older is qualified to serve (§ 744.309(1)). Beyond that baseline the statute sets both preferences and hard bars.

Can a felon be a guardian in Florida?

No. Section 744.309(3) provides that no person who has been convicted of a felony may be appointed. The same subsection disqualifies anyone who, from any incapacity or illness, is incapable of discharging a guardian’s duties, and anyone otherwise unsuitable to perform them. This is a genuine bar, not a factor the court weighs. Florida’s appellate courts have said so directly: in Beckford v. Beckford, 368 So. 3d 1061 (Fla. 2d DCA 2023), the court held that a spouse with a prior felony conviction was disqualified and rejected the argument that § 744.312(3)(e)’s reference to “potential disqualifications” gives a judge discretion to weigh the conviction against other factors — neither statute provides any mechanism to seek an exemption. Lafrance v. Emile, 401 So. 3d 379, confirms the disqualification applies regardless of adjudication, and reaches guardian advocates as well. Raise this early if the person proposing themselves has a record.

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

Only certain relatives. Under § 744.309(2), a nonresident may serve if they are related to the ward by lineal consanguinity; are a legally adopted child or adoptive parent of the ward; are a spouse, brother, sister, uncle, aunt, niece or nephew of the ward, or related by lineal consanguinity to any such person; or are the spouse of a person otherwise qualified. A devoted out-of-state friend or neighbor cannot serve, no matter how close they were.

Who the court prefers when relatives compete

The court must appoint a qualified standby or pre-need guardian unless doing so would be contrary to the ward’s best interests (§ 744.312(1)). Otherwise it may appoint any fit and proper person, related or not, giving preference to someone who is related by blood or marriage, or has educational, professional or business experience relevant to the services needed, or has the capacity to manage the financial resources involved, or has the ability to meet the requirements of the law and the unique needs of the case (§ 744.312(2)). These are four alternatives, not a ranked hierarchy — being the closest relative does not by itself win the appointment. The court must also consider the wishes the person expressed while competent, any guardian designated in a will in which the ward is a beneficiary, the preference of a minor aged 14 or over, and the wishes of next of kin where the ward cannot express one (§ 744.312(3)), and it must inquire into potential disqualifications and conflicts of interest (§ 744.312(3)(e)).

Can two people serve as co-guardians in Florida?

Yes. Florida courts appoint co-guardians, most often by splitting guardian of the person from guardian of the property between two siblings, and Chapter 744 contemplates it directly: “When two or more guardians have been appointed, the guardians shall consult with each other” (§ 744.361(9)). That is the only provision in the chapter addressing co-guardianship, and it imposes a duty to consult without saying what happens if consultation fails.

That is the whole case for and against it. The advantage of co-guardianship is that neither sibling has to concede, and each brings what they are actually good at. The disadvantage is that a deadlock has no statutory resolution — the duty to consult is where Chapter 744 stops, and a genuine impasse goes back to the judge under the court’s general supervisory jurisdiction. Because there is no statutory tie-breaker, the appointing order has to do the work: it must state who decides what, and what happens when the co-guardians disagree. Getting that language right at appointment is what keeps a co-guardianship from becoming the next dispute.

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

A guardianship has three cost layers, and only one of them is discretionary: the clerk’s filing fees, the examining committee’s fees, and the attorney’s fee.

Filing fees are set by state law, not by Miami-Dade

This is the part families most often assume is negotiable, and it is not. Guardianship filing fees are fixed statewide by Fla. Stat. § 28.2401, and the clerk is required to collect them. They are the same in Miami-Dade as in every other Florida county:

Filing	Statutory charge	Authority
Petition for determination of incapacity	$230	§ 28.2401(1)(k)
Guardianship of the person only	$230	§ 28.2401(1)(h)
Veterans’ guardianship under Chapter 744	$230	§ 28.2401(1)(i)
Formal guardianship (person and property)	$395	§ 28.2401(1)(g)
Additional service charge on a guardianship petition	$4	§ 28.2401(3)

With the additional statutory service charges applied, the Miami-Dade Clerk currently publishes these as $232 for a petition to determine incapacity, $236 for guardianship of the person only, $236 for a veterans’ guardianship, and $401 for a formal guardianship. Two caveats worth knowing: the clerk may apply to the circuit court to increase a charge in an individual matter on a showing of extraordinary circumstances (§ 28.2401(2)), and fee schedules change — confirm the current amount with the clerk before filing.

The clerk fees that recur every year

A guardianship of the property is not a single filing fee. The clerk charges again for the verified inventory and for every annual accounting, scaled to the size of the estate:

Filing	Clerk’s fee
Verified inventory, estate valued over $25,000	$85
Annual accounting, estate $25,000 or less	$20
Annual accounting, estate $25,000 to $100,000	$85
Annual accounting, estate $100,000.01 to $500,000	$170
Annual accounting, estate over $500,000	$250
Reopening a closed case	$50

These recur for as long as the guardianship of the property stays open, which is why the size of the estate drives the running cost and not just the first filing.

What the representation costs, and why it varies

Attorney’s fees are the layer that moves. What a guardianship costs depends on the complexity of the proceeding — whether it is person-only or includes property, how much property there is and what form it takes, whether emergency relief is needed first, whether family members agree, and whether anything about the case has to be litigated. Two petitions filed the same week can be very different pieces of work.

Because of that, we do not quote a number before understanding the matter. We discuss the fee with you at the consultation, once we know what the case actually involves, and we tell you honestly which end of the range it looks like.

Where a guardianship is straightforward enough to quote as a flat fee, we will. A clean, uncontested matter — family in agreement, assets identified, no emergency — is often predictable enough to price as a single figure. Where it is not, it is hourly, and we discuss that with the family before any work begins.

Who pays the examining committee fees?

Under § 744.331(7), the fees awarded to examining committee members and to the court-appointed attorney for the alleged incapacitated person are paid by the guardian from the property of the ward, or by the state if the ward is indigent — and where the state pays, it holds a creditor’s claim against the guardianship property for what it advanced. If the petition is dismissed or denied, the statute sends the examining committee’s fees to expert-witness treatment under § 29.004(6) — and if the court finds the petition was filed in bad faith, it may assess costs and attorney’s fees against the petitioner.

That last clause matters. Filing a guardianship petition against a relative who turns out not to be incapacitated is not cost-free.

Do guardians get paid?

Yes, but Florida sets no rate, percentage or fee schedule. Section 744.108(1) entitles a guardian, and any attorney rendering services to the ward or to the guardian on the ward’s behalf, to a reasonable fee from the ward’s assets. The court measures it against nine enumerated criteria in § 744.108(2), including the time and labor required, the value of the property involved, the fee customarily charged locally, and the results obtained. Every fee petition requires an itemized description of services.

What are a guardian’s responsibilities? Ongoing duties and deadlines

Appointment is the beginning of the obligation, not the end of it. A court-ordered guardianship is a supervised relationship: the guardian answers to the judge on a schedule, and the reporting is where most families get into trouble. Missing these deadlines is the single most common reason a well-meaning family guardian ends up in front of the judge.

Duty	Who	Deadline	Authority
Initial guardianship plan	Guardian of the person	Within 60 days after letters are signed	§ 744.362(1)
Verified inventory of the ward’s property, with current statements from every institution holding cash	Guardian of the property	Within 60 days after letters are issued	Fla. Prob. R. 5.620; contents at § 744.365
Guardian education — 8 hours (4 for a parent guardian of a minor’s property)	All non-professional guardians	Within 4 months of appointment	§ 744.3145(2)–(4)
Annual guardianship plan	Guardian of the person	Within 90 days after the last day of the anniversary month — unless the court requires calendar-year filing, in which case April 1	§ 744.367(1)
Annual accounting, with year-end statements from every institution. Not required where the ward’s only income is Social Security and the guardian is the representative payee (§ 744.3678(5))	Guardian of the property	On or before April 1, or the first day of the fourth month after a court-authorized fiscal year end	§§ 744.367(2), 744.3678
Court approval before selling, mortgaging or leasing any real or personal property of the estate — homestead included	Guardian of the property	Before acting, every time	§ 744.441(12)

Guardian advocacy for a developmental disability (Chapter 393)

If your son or daughter has an intellectual or developmental disability and is approaching 18, guardian advocacy is almost certainly the proceeding you want — not a Chapter 744 guardianship. Families who search for a guardian advocacy attorney are usually looking at the right thing without knowing why it matters.

Under § 393.12(2)(a), a circuit court may appoint a guardian advocate for a person with developmental disabilities without an adjudication of incapacity, where the person lacks the decisionmaking ability to do some but not all decisionmaking tasks. The practical differences are substantial:

• No adjudication of incapacity. Your child is not declared incapacitated, and the stigma and record that come with that finding never attach.
• No three-member examining committee. This removes both the largest single cost driver and the most intrusive part of the Chapter 744 process.
• Counsel appointed within 3 days of the petition being filed (§ 393.12(5)).
• Clear and convincing evidence remains the standard (§ 393.12(6)(e)).

The eligibility line is the nature and timing of the disability, not the diagnosis label. Guardian advocacy is for developmental disabilities — conditions that arose before adulthood and constitute a substantial handicap. An adult whose capacity was lost later to dementia, stroke, or traumatic brain injury goes through Chapter 744 instead. Where a young adult with a developmental disability also has significant assets, a special needs trust usually belongs in the same conversation, so that guardianship and benefits planning are not solved separately.

Guardianship of a minor in Miami-Dade County

Guardianship of a minor runs on a different footing from adult guardianship, and it is what most people mean when they search for child guardianship in Miami-Dade County. A minor is not adjudicated incapacitated — minors simply lack capacity to contract by operation of law. Under § 744.3021, the court may appoint a guardian for a minor without the necessity of adjudication, on petition by a parent, relative or other interested person, and the appointed guardian has the authority of a plenary guardian. One exception: where the minor is the subject of a Chapter 39 dependency proceeding and is 17 years and 6 months or older, the full § 744.331 incapacity process applies instead, with the order and letters issuing on or after the 18th birthday (§ 744.3021(4)).

Three situations account for most Miami-Dade filings:

• Both parents are unavailable — deceased, incarcerated, deported, or unable to care for the child. This is where grandparents most often petition, and it is a guardianship question rather than a custody question when neither parent is in the picture.
• A minor is receiving money. Where the net settlement of a minor’s claim exceeds $15,000, a legal guardianship of the property is required (§ 744.387(2), (3)(b)). Subsection (2) governs settlements reached before suit is filed; (3)(b) governs settlements and judgments after an action has been commenced, which additionally require prior court approval under (3)(a). This catches families by surprise after a personal injury settlement or an inheritance.
• Blended families and stepchildren. A stepparent has no automatic legal authority over a stepchild. Where a biological parent has died or is absent, guardianship — or, better, planning done in advance — is what establishes it.

A guardian’s authority over the person of a minor ends when the minor turns 18, but the case does not close by itself: under § 744.521 the guardian must still file a final report and obtain an order of discharge. A guardianship of the property runs the same way — the guardian accounts and is discharged. If a child with a developmental disability is approaching 18, see the guardian advocacy section above — that transition should be planned a year out, not the week of the birthday.

Alternatives that can make a guardianship unnecessary

Florida courts are required to consider the least restrictive alternative, and a valid instrument already in place will often defeat a petition entirely. Section 744.331(6)(b) makes this explicit: a guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person. And once a guardian has been appointed, § 744.462 requires the court to review the continued need for the guardianship where a valid durable power of attorney, trust, or trust amendment would adequately address the ward’s needs.

Alternative	What it covers	Authority
Durable power of attorney	Financial and property decisions, if the instrument is valid and the agent is acting properly. Must have been signed while the person had capacity.	Ch. 709
Health care surrogate	Medical decisions, avoiding a guardian of the person for that purpose.	Ch. 765
Funded revocable trust	Asset management by the successor trustee without a guardian of the property.	Ch. 736
Pre-need guardian declaration	Names your own guardian in advance. Must be signed before two witnesses present at the same time, and creates a rebuttable presumption that the person you chose is entitled to serve — the court can still decline if they are unqualified, and they must petition to confirm the appointment within 20 days of assuming duties.	§ 744.3045
Voluntary guardianship	For a mentally competent adult who cannot manage their estate by reason of age or physical infirmity. The petition must include a physician’s certificate that the petitioner is competent to understand the guardianship, and the ward may end it by filing notice with the court.	§ 744.341(1), (5)
Limited guardianship	Removes only the specific rights the person cannot exercise, leaving the rest intact.	§ 744.102(9)(a)
Representative payee / VA fiduciary	Manages Social Security or VA benefits only. Free to set up, and often all that a benefits-only case requires.	Federal

Voluntary guardianship deserves more attention than it gets in Miami. It is the right answer for the parent who knows they can no longer keep up with the accounts, is entirely lucid about it, and wants help without being declared incapacitated. It requires no examining committee and no removal of rights, and the ward can terminate it themselves.

Guardianship vs. power of attorney

This is the question we are asked most often, and the answer turns almost entirely on timing.

	Durable power of attorney	Guardianship
When it can be created	Only while the person has capacity	Only after capacity is already gone
Who chooses	The person themselves	A judge
Court involvement	None to create	Petition, examining committee, hearing
Cost	Hundreds	Filing fees, examining committee fees and attorney’s fees
Ongoing supervision	None by default	Annual plans, accountings, court review
Rights removed	None — the principal keeps everything	Those specified in the order
Medical decisions	Requires a separate health care surrogate	Included if delegated

The practical rule: a power of attorney is planning; a guardianship is a remedy. If your relative still has capacity today, the answer is almost never guardianship — it is a durable power of attorney and a health care surrogate signed this month, through our Miami estate planning practice. If capacity is already gone, a power of attorney can no longer be signed, and guardianship is what remains.

One qualification. A power of attorney does not automatically block a guardianship. Where the agent is exceeding their authority, self-dealing, or simply unable to act, a court may appoint a guardian anyway — and the power of attorney itself can be challenged for lack of capacity or undue influence at the time it was signed.

When a guardianship becomes contested

Everything above describes a case where the family agrees. Many do not. A guardianship becomes contested the moment an interested person disputes something the court is being asked to decide — whether the person is incapacitated at all, who should serve, or what an existing guardian has been doing with the money.

Those matters are handled on our Florida guardianship litigation page, which covers objecting to a petition, removal of a guardian under § 744.474, interim judicial review when a guardian cuts off visitation, surcharge, and restoration of capacity under § 744.464. For the statewide overview of both tracks, start with our Florida guardianship guide or our Florida adult guardianship page.

What to bring to a consultation

• Medical records, a recent neuropsychological evaluation, or a physician’s letter describing the diagnosis and functional limitations
• Any existing estate planning documents — durable power of attorney, health care surrogate, living will, trust, pre-need guardian declaration
• A list of assets and where they are held, and roughly what monthly income comes in
• Names and addresses of the person’s next of kin — they are entitled to notice
• Anything documenting the urgency: hospital discharge paperwork, bank alerts, unusual transactions, a facility’s notice
• If a case has already been filed, the petition, any order, and the case number

Key terms

Term	What it means in a Florida guardianship
Alleged incapacitated person	The subject of a pending petition, before any adjudication. Entitled to court-appointed counsel.
Ward	A person for whom a guardian has been appointed (§ 744.102).
Examining committee	Three professionals appointed within 5 days of the petition to evaluate the person and report (§ 744.331(3)).
Letters of guardianship	The clerk-issued document proving the guardian’s authority. What a bank will ask to see.
Plenary guardian	Exercises all delegable rights, after a finding the person can perform none of the necessary tasks.
Limited guardian	Exercises only the rights named in the order.
Emergency temporary guardian	Appointed on a finding of imminent danger; authority lasts 90 days, extendable once (§ 744.3031).
Guardian advocate	Appointed under § 393.12 for a person with developmental disabilities, with no adjudication of incapacity.
Guardian ad litem	An impartial party appointed to investigate and report on the person’s best interests. Not their attorney.
Interested person	Anyone who may reasonably be expected to be affected by the outcome — which is who gets notice.
Sui juris	Of full legal age and capacity; a threshold requirement to serve as guardian (§ 744.309(1)).
Suggestion of capacity	The filing that begins restoration of a ward’s rights (§ 744.464).

Frequently asked questions

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

Yes. Fla. Prob. R. 5.030(a) requires every guardian to be represented by an attorney admitted to practice in Florida. The only exception is a guardian who is themselves a Florida attorney and may appear pro se. Guardian advocates under Chapter 393 are not required to have counsel unless the court or another law requires it.

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

Within days. After a petition to determine incapacity is filed, the court may appoint an emergency temporary guardian on a specific finding of imminent danger to the person’s health or safety or to their property, with as little as 24 hours’ notice — and may dispense with notice entirely where giving it would cause substantial harm (§ 744.3031(1)–(2)).

How long does an emergency temporary guardianship last?

Ninety days from appointment, or until a permanent guardian is appointed, whichever comes first. It may be extended once by an additional 90 days on a showing that the emergency conditions still exist (§ 744.3031(4)). The underlying incapacity case must continue during that window.

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

The statutory track runs roughly 30 to 50 days: the examining committee is appointed within 5 days, reports are due within 15 days, and the hearing is held 10 to 30 days after the last report. In practice, six to ten weeks from filing to letters of guardianship is realistic for an uncontested case once scheduling is added.

How much does guardianship cost in Miami-Dade County?

Filing fees are fixed by state statute, not by the county — $230 for a petition to determine incapacity, $230 for guardianship of the person only and $395 for a formal guardianship under Fla. Stat. § 28.2401, plus statutory service charges, which the Miami-Dade Clerk publishes as $232, $236 and $401. Attorney’s fees vary with the complexity of the matter and are discussed at the consultation; a straightforward uncontested guardianship can often be quoted as a flat fee, and where it cannot, it is hourly. The clerk also charges again for the verified inventory and for each annual accounting, scaled to the size of the estate.

Who pays the examining committee fees?

The guardian pays them from the ward’s property, or the state pays if the ward is indigent and then holds a creditor’s claim against the guardianship property (§ 744.331(7)(b)). If the petition is dismissed or denied, the examining committee’s fees are paid as expert witness fees under § 29.004(6), and the court may assess costs and attorney’s fees against a petitioner who filed in bad faith (§ 744.331(7)(c)).

What does the examining committee actually do?

Three members are appointed within 5 days of filing. One must be a psychiatrist or other physician; the others are qualified professionals such as a psychologist, gerontologist, registered nurse or licensed social worker. At least one must have knowledge of the type of incapacity alleged. Each examines the person independently and files a written report within 15 days (§ 744.331(3)).

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

In the Probate Division of the Eleventh Judicial Circuit, at the Osvaldo N. Soto Miami-Dade Justice Center, 20 N.W. 1st Avenue, Miami, Florida 33128. Venue is based on where the alleged incapacitated person resides, not where the petitioning relative lives.

Can a felon be a guardian in Florida?

No. Section 744.309(3) bars appointment of any person convicted of a felony, and Florida appellate courts treat it as absolute — Beckford v. Beckford, 368 So. 3d 1061 (Fla. 2d DCA 2023), held that a judge has no discretion to weigh the conviction against other factors, and Lafrance v. Emile, 401 So. 3d 379, applied the bar regardless of adjudication. The same provision disqualifies anyone incapable of discharging a guardian’s duties through incapacity or illness, and anyone otherwise unsuitable.

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

Only if related to the ward as § 744.309(2) requires: by lineal consanguinity; as a legally adopted child or adoptive parent; as a spouse, brother, sister, uncle, aunt, niece or nephew, or someone related by lineal consanguinity to one of those people; or as the spouse of a person otherwise qualified. An unrelated out-of-state friend cannot serve.

Can two people serve as co-guardians in Florida?

Yes. Courts commonly split guardian of the person from guardian of the property between two family members, and § 744.361(9) requires that “when two or more guardians have been appointed, the guardians shall consult with each other.” That duty to consult is the only co-guardian provision in Chapter 744 — there is no statutory tie-breaker, so the appointing order must define who decides what and how disagreements are resolved.

What are the pros and cons of co-guardianship?

The advantages are shared workload, complementary skills, and no sibling having to concede. The disadvantage is that Chapter 744 requires co-guardians to consult (§ 744.361(9)) but supplies no tie-breaker, so a genuine deadlock returns to the judge. Co-guardianship works where the order allocates authority clearly and the co-guardians communicate; it fails where it is used to avoid an unresolved family conflict.

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

A non-professional guardian must complete 8 hours of instruction within 4 months of appointment; a parent serving as guardian of a minor child’s property needs 4 hours (§ 744.3145(2)–(4)). Professional guardians are exempt from that section but are separately registered and screened. Courts also routinely require credit and criminal background information from proposed guardians.

Does Florida have conservatorship?

Not for incapacitated adults. Florida’s Chapter 747 conservatorship applies to absentees — people missing in military service or who have disappeared under circumstances suggesting death or a mental cause (§ 747.01). What other states call conservatorship, Florida calls guardianship.

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

A guardian of the person decides where the ward lives, their medical care, and daily needs. A guardian of the property manages bank accounts, real estate, income and benefits, posts a bond, and files annual accountings. They are separate appointments and can be held by different people.

What is the difference between plenary and limited guardianship?

A plenary guardian exercises all delegable rights, after a finding that the person cannot perform any of the tasks necessary to care for their person or property. A limited guardian exercises only the rights named in the order. Florida courts are directed toward the least restrictive option that meets the person’s actual needs.

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

Guardian advocacy under § 393.12 is for a person with developmental disabilities and requires no adjudication of incapacity and no examining committee. Counsel is appointed within 3 days and the standard remains clear and convincing evidence. It is faster, cheaper, and less restrictive than a Chapter 744 guardianship, and it is usually the correct route when the disability began before adulthood.

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

Start about a year out. At 18 your legal authority ends, regardless of the disability. In most cases the answer is a guardian advocate petition under § 393.12 rather than a full guardianship, paired with benefits planning and, where there are assets, a special needs trust so that eligibility is not disrupted.

What rights does a person lose in a Florida guardianship?

Only what the order removes. Section 744.3215 separates rights always retained — humane treatment, counsel, court access, privacy, visitors, restoration at the earliest possible time — from rights that may be removed but never delegated, such as voting, marriage and a driver license, and rights that may be removed and delegated, such as contracting, managing property and making health care decisions.

Can a guardian sell the ward’s house?

Not unilaterally. Under § 744.441(12) a guardian of the property must obtain prior court approval on a petition for authorization to act before selling, mortgaging or leasing any real or personal property of the estate, homestead included — the requirement is not limited to real estate. Selling without that approval is a serious problem and a ground for removal.

What reports does a guardian have to file?

A guardian of the person files an initial guardianship plan within 60 days of letters being signed (§ 744.362(1)), then an annual plan within 90 days after the anniversary month unless the court orders calendar-year filing (§ 744.367(1)). A guardian of the property files a verified inventory within 60 days of letters issuing (Fla. Prob. R. 5.620; contents at § 744.365) and an annual accounting with year-end statements from every institution holding the ward’s cash, due April 1 (§§ 744.367(2), 744.3678).

Can a guardianship be ended if my parent recovers?

Yes. Any interested person, including the ward, may file a suggestion of capacity under § 744.464. The court immediately appoints a physician, whose report is due within 20 days, and any objections are due within 20 days after service of notice. Rights may be restored in whole or in part; the ward’s burden is a preponderance of the evidence, and the statute directs the court to advance the matter on its calendar.

How is guardianship of a minor different from adult guardianship?

No adjudication of incapacity is required. Under § 744.3021 the court may appoint a guardian for a minor on petition by a parent, relative or other interested person, and that guardian has plenary authority. The guardian’s authority ends when the minor turns 18, but under § 744.521 a final report and an order of discharge are still required to close the case.

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

If the net settlement to the minor exceeds $15,000, a legal guardianship of the property is required (§ 744.387(2) before suit, (3)(b) after an action is filed — the latter also requires prior court approval of the settlement). Smaller amounts can generally be handled by a natural guardian without a court-appointed guardianship. This catches families by surprise after personal injury settlements and inheritances.

Can grandparents get guardianship of a grandchild in Florida?

Yes, where both parents are unavailable — deceased, incarcerated, or unable to care for the child. A grandparent petitions under § 744.3021 and no adjudication of incapacity is required. Where a parent is present and objecting, the matter is a custody question for the family division rather than a guardianship.

Does a power of attorney prevent a guardianship?

Not automatically, but a valid and properly used durable power of attorney is strong evidence that a guardian of the property is unnecessary — § 744.331(6)(b) bars appointment of a guardian where an alternative will sufficiently address the person’s problems, and where a guardianship already exists § 744.462 directs the court to review whether it is still needed. A court may still appoint a guardian where the agent is exceeding authority, self-dealing, or unable to act.

Talk to a Miami guardianship attorney

If a parent is being discharged from a hospital with nowhere safe to go, if money is moving out of an account you cannot stop, or if your child with a developmental disability is about to turn 18, the timing is already working against you. A short call with a Miami guardianship lawyer will tell you whether you need a guardianship at all, which kind, and what it will cost.

Call (305) 224-6811 or send us a message. Consultations are at no cost, and we handle guardianship matters throughout Miami-Dade County from our office in Coral Gables.

About the author

Jose M. Lorenzo, Jr. (Florida Bar No. 107002) practices probate, trust and guardianship law at Lorenzo Law in Coral Gables, Florida. He represents families petitioning for adult and minor guardianships in the Probate Division of the Eleventh Judicial Circuit, handles guardian advocacy petitions under Chapter 393, and regularly acts for out-of-state relatives whose matters are pending in Miami-Dade County.

Jose M. Lorenzo, Jr. is the lawyer responsible for the content of this page. Last updated August 23, 2026. Statutory citations are to the Florida Statutes, the Florida Probate Rules, and Miami-Dade Clerk fee schedules as of that date; statutes, rules and fees change, and the current text should be confirmed before any citation here is relied on.

This page is general information about Florida law, not legal advice, and does not create an attorney-client relationship. Contacting the firm does not create one either — please do not send confidential information until an attorney-client relationship has been established in writing.