Guardianship

Protecting Those Who Cannot Protect Themselves

Guardianship is a legal process that allows a court to appoint someone to make decisions for a person who is incapacitated. This may be necessary for elderly parents with dementia, adults with disabilities, or others who cannot manage their own affairs.

Types of Guardianship

Florida recognizes different types of guardianship. A guardian of the person makes healthcare and personal decisions, while a guardian of the property manages finances. A plenary guardian handles both, and a limited guardian has specific, restricted authority.

The Guardianship Process

Establishing guardianship requires filing a petition with the court, having the alleged incapacitated person examined by a committee of professionals, and appearing at a hearing. Our attorneys guide you through each step.

Guardian Responsibilities

Guardians have significant legal obligations, including filing annual reports, managing the ward's finances responsibly, and making decisions in the ward's best interest. We help guardians understand and fulfill these duties.

Alternatives to Guardianship

Guardianship should be a last resort. Proper estate planning with powers of attorney and healthcare directives can often avoid the need for guardianship. We help families explore all options.