Florida Guardianship Laws – All You Need to Know

Entering into a guardianship is a decision that should never be taken lightly. It gives the guardian a lot of new responsibilities they may not be used to, and it completely changes the lives of the guardian and ward. Understanding all the Florida guardianship laws can be difficult to do alone. Be sure to hire a guardianship lawyer to navigate this complex process.

Choose a Trusted Law Firm in Florida

Since 1986, The Preston Law Firm has helped Florida residents with their unique situations. Our team values empathy and efficiency, offering informed care so our clients can take control of their case. We understand the complexities involved with guardianships, and we know how to meet your goals.

Types of Florida Guardianships

A guardian is someone appointed by a Florida court to make personal and/or financial decisions for another person who cannot do so themselves. The person under the guardianship is called a ward. A guardianship can be sought for either a minor child or an adult living with disabilities.

For minors, a guardian may be required if:

• Both parents pass away.
• Both parents become incapacitated.
• The child receives an inheritance or compensation from a legal case.

Courts will pursue alternatives to a guardianship for adults, such as a power of attorney or special needs trust. Guardianship is used only as a last resort when the court determines that:

1. An individual’s ability to make decisions is too impaired.
2. They can’t take care of themselves.

Guardianships for Adults With Disabilities

In 2022, there were 2,875,501 Florida adults living with a disability, which is 13.5% of the state’s population. Florida recognizes two types of guardianships for disabled adults. These are:

• A voluntary guardianship. This option is chosen when a mentally competent adult voluntarily petitions the court for help with managing their property.
• An involuntary guardianship. This type is ordered after the court finds that a person is incapacitated and unable to manage their own personal or financial matters.

Guardianships for adults can also be limited or plenary. Limited guardianships apply to cases where the ward can still manage some aspects of their life, such as handling their finances. The guardian is only given authority over specific matters that the court identifies, such as being in charge of their healthcare plan.

A plenary guardianship gives the guardian full authority to make all personal and financial decisions for the ward, usually after the court finds total incapacity. This is only done in extreme cases, such as an elderly parent with dementia.

Petitioning for a Guardianship in Florida

There were 9,269 guardianship cases filed throughout Florida between 2023 and 2024. Under Florida law, any adult may file a petition asking the court to determine whether another person is legally incapacitated.

This begins the legal steps to decide if someone can manage their own affairs or if they need a guardian. The petition must include several important details:

• The petitioner’s relationship to the person alleged to be incapacitated
• Information about the alleged incapacitated person
• Whether the person uses any assistance to make decisions, and why that is not enough for them to make their own decisions independently
• An explanation about why the petitioner believes the person is incapacitated
• Details about the alleged incapacitated person’s doctors
• A list of which legal rights the petitioner believes the person can’t manage, such as caring for their property, choosing where to live, or making healthcare decisions
• Information about the person’s next of kin

If the petitioner is also asking the court to appoint a guardian or an emergency temporary guardian, a copy of that petition must be filed at the same time. A Florida guardianship attorney can assist a guardian with all the legal aspects of their role.

FAQs

Who Can Serve as a Guardian in Florida?

Any adult resident of Florida may serve as a guardian, unless they are a convicted felon or found unfit. Professional guardians, nonprofit organizations, and public guardians may also serve. Sometimes, individuals choose their own future guardian in advance through a written declaration.

The court is responsible for appointing and supervising guardians. They make sure the guardian acts responsibly and in the ward’s best interests. Guardians who act negligently or misuse a ward’s assets can be investigated and removed.

How Is a Guardian Chosen in Florida?

The court may appoint any qualified person to be a guardian, but certain individuals are given preference. The court will favor someone who’s related to the ward by blood or marriage. They’ll also favor a guardian who has relevant education or professional experience. When selecting a guardian, the court must also consider a disabled adult ward’s own wishes, the ward’s next of kin, and the wishes of a minor ward who is 14 years old or older.

Are Guardians Paid for Their Services in Florida?

Both a guardian and an attorney who provide services for a ward are entitled to reasonable payment and reimbursement for any costs they incur while acting on the ward’s behalf. A request for fees can be submitted to the court overseeing the case. Before approving the request, the judge will consider the: 

• Complexity of the case
• Typical fees charged in the area for similar services
• Value of the ward’s estate

Approved fees are paid from the ward’s assets.

Can a Guardian Move Their Ward Outside Florida?

A guardian who has the legal authority to decide where a ward lives can’t move them to another county or outside Florida without the court’s approval. If the move is to a neighboring county, the guardian doesn’t need prior approval, but they must notify the court within 15 days after the move. The notice must explain why the move was necessary and how long the ward is expected to live in the new county.

Hire a Guardianship Lawyer

Reach out to The Preston Law Firm today to schedule your confidential consultation. We pride ourselves on being a reliable part of the Florida legal community, and we can help you with your unique case. Together, we can discuss your case goals and make a custom legal strategy that works for you.