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Florida Guardianship Law
What is Florida Guardianship
When an individual can no longer manage their personal or financial affairs due to aging, illness, or cognitive impairment, the court may step in and appoint a guardian to make decisions on their behalf. The appointed guardian will have authority over specific aspects of the individual’s life, depending on their needs.
If you are worried that a loved one is struggling to handle essential life choices, it might be time to consult with a Florida guardianship attorney. An experienced lawyer can guide you through the guardianship process, helping you determine if this is the best option for your family and providing support every step of the way.
What are the types of Guardianship in Florida?
Florida law recognizes three main types of guardianships: Guardianship of the Person, Guardianship of the Property, and Plenary Guardianship (which covers both personal and financial decisions).
- A Guardian of the Person handles matters like healthcare decisions, living arrangements, and social interactions.
- A Guardian of the Property is responsible for managing the ward’s finances, paying bills, and potentially selling assets to provide for the ward’s needs.
- A Plenary Guardian has full authority over both the ward’s personal and financial decisions.
In some cases, alternatives to guardianship may be available, especially if the individual has planned ahead. Legal tools such as powers of attorney, healthcare surrogates, or living wills can allow trusted individuals to make decisions on behalf of the person without the need for formal guardianship. A Florida guardianship lawyer can help determine whether these alternatives might be suitable for your situation.
What are the duties and responsibilities of a Guardian?
Under Florida law, guardians must be over the age of 18 and typically reside in the state, although out-of-state guardians may be appointed if they are closely related to the ward. However, individuals with certain criminal convictions, particularly felonies, may be barred from serving as a guardian.
Once appointed, guardians are entrusted with managing the duties specified by the court. They must act in the best interests of the ward, which means making decisions that prioritize the ward’s well-being rather than opting for convenience or personal gain. This fiduciary duty requires that guardians remain in regular communication with the ward and any caregivers.
Guardians are also subject to court oversight and must submit periodic reports detailing their guardianship plan and how the ward’s affairs are being handled. The first report is typically due within 60 days of the appointment. A Florida attorney can explain the legal obligations of guardianship and assist in ensuring compliance with court requirements.
Losing a loved one is never easy — and the legal responsibilities that follow can add stress during an already emotional time. At JM Legacy, we provide trusted, compassionate support to families navigating the Florida probate process. Our mission is to help you feel informed, confident, and cared for as we work through the legal steps together.
The process for establishing Guardianship for an adult
There are two main processes for establishing guardianship for an adult: Voluntary and Involuntary Guardianship.
Voluntary Guardianship
In some cases, an individual may recognize that they need help managing certain aspects of their life, such as finances, and proactively seek assistance. This is known as voluntary guardianship. The person must submit a petition to the court requesting the appointment of a guardian to oversee their property. To qualify, the person must be mentally competent and provide a letter from a physician confirming their understanding of the decision.
Involuntary Guardianship
For individuals who are unable to make informed decisions or manage their affairs, involuntary guardianship may be necessary. Any adult can file a petition requesting guardianship for another person who is incapacitated.
When a petition for involuntary guardianship is submitted, the court appoints a panel of professionals, including at least one physician or psychiatrist, to evaluate the proposed ward. These professionals interview the individual and provide reports to the court. Based on these assessments, the judge will decide if guardianship is necessary and specify the scope of the guardian’s responsibilities. A skilled Florida attorney can assist with navigating the legal process to ensure everything is handled properly.
Call a Guardianship Attorney to Assist You Today
If you are considering guardianship for yourself or a loved one, schedule a call today for guidance. Our experienced Florida guardianship attorneys are ready to discuss your unique circumstances, explore all available options, and help you make informed decisions for the future.
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