Statewide Probate
Attorneys in Florida
Attorneys in Florida
Florida Guardianship Attorney: Experienced Guardianship Lawyers
“**Florida Probate Law Group is not currently accepting new guardianship matters, however we are available to consult on guardianship issues and offer referrals for guardianship services**”
A Florida guardianship attorney helps families obtain legal authority to make decisions for a loved one who can no longer manage their own affairs. Our guardianship lawyers guide petitioners through every step of the process under Florida law, from filing the initial petition to meeting ongoing court reporting requirements. Whether you are seeking guardianship for an incapacitated adult, an aging parent with dementia, or a minor receiving a settlement, understanding your options is the first step toward protecting the people who matter most.
Our Gainesville FL, guardianship lawyers are here to help your family when a loved one can not care for themselves, or when a child is receiving assets that must be placed under the authority of a guardianship court. Based in Alachua County, our guardianship lawyers have experience establishing guardianships throughout the state of Florida from Panama City to Key West. A Gainesville FL guardianship lawyer at our firm will be happy to answer any questions that you have about a specific case.
Guardianship for Adults
When an adult lacks the capacity to care for themselves, Florida Law provides a procedure through which another person (typically a family member) can be appointed by the court to make decisions for the person lacking capacity. When a person loses capacity through age or injury their family can purse what is know as an “incapacity guardianship.”
Incapacity guardianship proceedings involve the appointment of an examining committee (three medical professionals appointed by the court) to interview the incapacitated person (known as the proposed ward). The court likewise appoints a “guardian ad litem” to represent the interests of the ward in the proceeding. The court then makes a determination of what rights should be transferred to the proposed guardian.
When a person lacks capacity due to a developmental disability, an alternative proceeding known as a “guardian advocacy” is available to the family, which does not require the appointment of an examining committee.
Minor Guardianship
When a child receives a settlement or inheritance above $15,000.00, Florida statutes set out rules to protect the interests of the minor. One of those rules is the requirement for a court appointed “guardian of the property” to oversee the minor’s assets. Florida courts closely scrutinize potential guardians because, in the past, irresponsible guardians have misappropriated funds belonging to children. Our firm is experienced in having guardians appointed, securing court approval of child settlements, and ensuring children’s assets are held in compliance with Florida law.
Gainesville FL Guardianship Lawyer
For a visual guide to guardianship rules (based on a child’s gross settlement/net settlement) in a minor injury case, reference our flowchart:
2021 Child Settlement Flowchart
If you have questions about a guardianship matter in Florida, call Florida Probate Law Group today at (352) 354-2654 to speak to a Gainesville FL guardianship lawyer.
Click here to learn more about the guardianship process in Florida.
Types of Guardianship in Florida
Florida recognizes several forms of guardianship, and the right one depends on how much decision-making authority the ward still holds. A guardianship can cover the person, the property, or both, and it can be temporary or long term. Here are the main types your guardianship lawyer will discuss with you:
- Guardian of the Person: Makes personal and medical decisions for the ward, including housing, healthcare, and daily care.
- Guardian of the Property: Manages the ward’s finances, assets, income, and bills under court oversight.
- Limited Guardianship: The court removes only some rights, leaving the ward to keep the abilities they can still exercise safely.
- Plenary Guardianship: The guardian assumes all delegable legal rights of a ward found fully incapacitated.
- Emergency Temporary Guardianship: A short-term appointment used when a ward faces immediate harm before a full hearing can occur.
| Type of Guardianship | Scope of Authority | Best Suited For |
|---|---|---|
| Guardian of the Person | Health, housing, and personal care | Wards needing care decisions but with limited assets |
| Guardian of the Property | Finances, assets, and income | Minors or adults with settlements or estates |
| Limited Guardianship | Only rights the ward cannot exercise | Partially incapacitated adults |
| Plenary Guardianship | All delegable legal rights | Fully incapacitated adults |
| Emergency Temporary Guardianship | Urgent, time-limited authority | Wards facing immediate risk |
The Guardianship Process in Florida
Establishing a guardianship follows a defined court process. A guardianship attorney manages the filings and hearings so you can focus on your family. The typical steps are:
- Filing the petition. The proposed guardian files a petition to determine incapacity and a petition for appointment of a guardian with the probate court.
- Court review. The court appoints a three-member examining committee and a guardian ad litem to evaluate the alleged incapacitated person.
- Appointment of guardian. After a hearing, the judge decides which rights to remove and issues letters of guardianship to the appointed guardian.
- Ongoing court supervision. The guardian must obtain court approval for major decisions and act at all times in the ward’s best interests.
- Reporting requirements. The guardian files an initial and annual guardianship report, including a plan and, for property guardians, an accounting.
To see how these steps apply to your situation, read our detailed overview of the Florida guardianship process, or call a guardianship attorney at (352) 354-2654 to talk through your case.
Who Can Be Appointed as a Guardian?
Florida courts prefer to appoint a trusted family member, but they weigh several qualifications before naming any guardian. Eligible candidates include:
- Eligible family members: An adult spouse, child, parent, or relative who is a Florida resident, or a non-resident relative within defined degrees of kinship.
- Professional guardians: Court-registered guardians appointed when no suitable family member is available or a conflict exists.
- Court qualifications: A guardian must be at least 18, mentally competent, and cannot have a felony conviction or a history that disqualifies them.
- Factors the court considers: The ward’s wishes, the applicant’s relationship to the ward, financial responsibility, and any conflicts of interest.
Guardian Responsibilities
A guardian is a fiduciary, meaning they must act with honesty and care on the ward’s behalf. Core guardian responsibilities include:
- Making personal care and medical decisions
- Managing finances and safeguarding assets
- Filing initial and annual reports with the court
- Upholding fiduciary duties and avoiding conflicts
- Always acting in the ward’s best interests
For a fuller breakdown of these duties, see our guide to a guardian’s responsibilities under Florida law.
When Is Guardianship Needed?
Guardianship becomes necessary when someone cannot make safe decisions and no less restrictive plan is in place. Common situations include:
- Incapacitated adults who can no longer manage health or finances after an illness or injury.
- Dementia or Alzheimer’s patients whose condition affects judgment and memory.
- Adults with disabilities who need support making legal or medical choices.
- Minors receiving an inheritance or settlement, or who need a legal guardian for their care.
Alternatives to Guardianship
Because guardianship removes rights, Florida law requires the court to consider less restrictive alternatives first. Many families avoid guardianship entirely with advance planning. Common alternatives include:
| Alternative | What It Covers | Court Involvement |
|---|---|---|
| Durable Power of Attorney | Financial and legal decisions | None if signed while competent |
| Health Care Surrogate | Medical decisions | None |
| Trusts | Asset management and distribution | None while funded and administered |
| Advance Directives | End-of-life and treatment wishes | None |
Florida Guardianship Laws
Guardianship in Florida is governed by Florida Statutes Chapter 744, the Florida Guardianship Law. In plain English, Chapter 744 sets out who may serve as a guardian, how the court determines incapacity, what rights can be removed, and the reporting a guardian must complete each year. The statute also requires courts to use the least restrictive option, so a limited guardianship or an alternative like a power of attorney is favored whenever it can meet the ward’s needs. Because these rules are technical and the filings are strict, most families work with a guardianship attorney to stay compliant. Our team explains the process step by step and, given our current caseload, can also refer you to trusted guardianship counsel when needed.
Speak With a Florida Guardianship Attorney
Guardianship decisions carry real weight for your family, and the right guidance makes the court process far less stressful. To discuss a guardianship matter, review your alternatives, or coordinate a referral, contact our team at (352) 354-2654 or through our contact page to schedule a free consultation. If you are also handling an estate, our complete guide to Florida probate answers the questions families ask most.
Frequently Asked Questions About Florida Guardianship
What does a guardianship attorney do?
A guardianship attorney prepares and files the court petitions, guides the incapacity determination, and represents the proposed guardian at hearings. They also help the appointed guardian meet reporting and fiduciary duties. In short, the attorney manages the legal process so families can focus on caring for their loved one.
Who can become a legal guardian in Florida?
Any adult who is mentally competent and has no disqualifying felony record can serve as a legal guardian in Florida. Courts favor a spouse, adult child, or close relative, but may appoint a professional guardian when no suitable family member is available. The judge always weighs the ward’s best interests.
How long does guardianship take?
Most Florida guardianships are established within 30 to 90 days after the petition is filed, depending on the county court’s schedule and the examining committee’s timeline. An emergency temporary guardianship can be granted much faster when a ward faces immediate danger. Contested cases take longer.
How much does guardianship cost?
Guardianship costs in Florida include court filing fees, examining committee fees, and attorney fees, which vary by county and case complexity. Uncontested matters cost less than contested ones. Because fees differ, ask for a clear estimate during your consultation so you know what to expect before filing.
Is a guardianship attorney required?
Yes. Florida law generally requires the petitioner in an incapacity guardianship to be represented by an attorney because the proceeding removes another person’s legal rights. Working with a guardianship lawyer helps ensure the petitions, hearings, and annual reports meet the court’s strict requirements.
Can guardianship be challenged?
Yes. Interested parties can object to a proposed guardian, contest the finding of incapacity, or petition to remove a guardian who breaches their duties. The court reviews the evidence and decides what serves the ward’s best interests. An attorney can represent either side in these disputes.
What are a guardian’s legal responsibilities?
A guardian must make care and financial decisions in the ward’s best interests, safeguard assets, avoid conflicts of interest, and file required reports and accountings with the court. These fiduciary duties are enforced by the probate court, which can remove a guardian who fails to comply.
Can guardianship be terminated?
Yes. A Florida guardianship ends when the ward regains capacity, reaches adulthood, passes away, or the court finds a less restrictive alternative now meets their needs. The guardian or another interested party petitions the court, which reviews the evidence before restoring rights.
What is the difference between guardianship and power of attorney?
A power of attorney is signed voluntarily while a person still has capacity, and no court is involved. Guardianship is a court proceeding used after someone loses capacity and has no valid plan in place. Guardianship removes rights, while a power of attorney delegates them.
When should someone seek guardianship?
Seek guardianship when a loved one can no longer make safe medical or financial decisions and has no durable power of attorney, health care surrogate, or trust in place. Acting early protects the person and their assets. Speak with a Florida guardianship attorney to confirm it is the right step.