Guardianship

Our goal: Help you obtain legal guardianship power to assist your incapacitated or underage loved one.

What guardianship is:

A guardianship is a court proceeding in which a judge appoints someone to exercise legal rights on behalf of another person who cannot exercise those rights independently. Florida guardianships are governed by Chapter 744 of the Florida Statutes and are supervised by the court for as long as they remain open. Because guardianship removes rights from an individual, Florida law requires the court to consider whether a less restrictive alternative, such as a durable power of attorney, health care surrogate designation, trust, or supported decision-making arrangement, would meet the person's needs first.​​

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Types of guardianship we handle:

Plenary guardianship. The court finds that the individual lacks the capacity to exercise any of their delegable rights and appoints a guardian to act over both the person and their property.

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Limited guardianship. The court finds that the individual retains capacity in some areas but not others, and removes only the specific rights the person cannot exercise. The guardian's authority is tailored to those rights alone.

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Guardian advocacy. Available for individuals with a developmental disability as defined by Florida law, including intellectual disability, autism, cerebral palsy, spina bifida, Down syndrome, Prader-Willi syndrome, and Phelan-McDermid syndrome, where the condition arose before age eighteen. Guardian advocacy does not require a formal adjudication of incapacity, which makes it a faster and less intrusive option for many families. It is frequently used by parents as a child with a developmental disability approaches their eighteenth birthday and legal adulthood.

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Guardianship of a minor. Appointed when a minor's parents have died or are unable to serve, or when a minor is set to receive an inheritance, insurance payout, or legal settlement above the statutory threshold that a natural guardian cannot legally accept on the child's behalf.

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How the process works:

The path depends on which type of case is filed.

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For an adult incapacity guardianship, the process generally proceeds as follows:

(1) A petition to determine incapacity and a petition for appointment of guardian are filed in the circuit court for the county where the individual resides.
(2) The court appoints a three-member examining committee to evaluate the individual and file written reports with the court.
(3) The court appoints an attorney to represent the individual whose capacity is in question. That person may select their own attorney instead.
(4) The court holds an adjudicatory hearing and decides whether the individual lacks capacity, and if so, which specific rights should be removed.
(5) If a guardian is appointed, the guardian takes an oath, posts any bond the court requires, completes the required guardianship education course, and receives letters of guardianship authorizing them to act.
(6) The guardian files an initial guardianship plan and a verified inventory of the ward's assets, followed by annual plans and accountings for the life of the guardianship.

(7) For a guardian advocacy petition, there is no examining committee and no adjudication of incapacity. The petition is supported by documentation of the developmental disability, the court holds a hearing, and if granted, the guardian advocate receives letters and assumes the same ongoing reporting duties.

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Why representation matters:

Florida law requires a guardian to be represented by an attorney in nearly every case, and the rules governing petitions, notice, examining committees, bonds, plans, and annual accountings are unforgiving of procedural error. Mistakes can delay an appointment for months at a point when a family often needs authority immediately, and reporting failures after appointment can expose a guardian to personal liability or removal.

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The Bottom Line

We work directly with the families we represent, and you will speak with an attorney rather than a case manager at your initial consultation. Contact us to discuss your situation and how we can help.