Florida Guardianship & Elder Law: Protecting Your Loved Ones
When an individual becomes incapacitated and can no longer safely manage their own affairs, establishing a guardianship can provide essential protection.
In Florida, a court-appointed guardian is granted legal authority to act on behalf of the incapacitated person (legally referred to as the "Ward"). Depending on the situation, a guardian may be granted broad powers to:
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Make healthcare decisions: Oversee medical treatments, living arrangements, and daily personal care.
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Manage finances: Handle the Ward's property, assets, bills, and legal affairs.
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Do both: Coordinate comprehensive care for both the person and their estate.
Ultimately, guardianship ensures that vulnerable family members receive the care and attention they need. While navigating the legal guardianship process in Florida involves several steps, the very first—and most important—is evaluating whether a guardianship is truly the right solution for your family.
Why Do I Need A Lawyer To Help Me Obtain a Guardianship?
Florida law requires an attorney to represent the petitioner who files for the guardianship. After the guardianship is established, Florida law also requires the guardian to be represented by an attorney. This is largely because the guardian’s duties involve complex legal rules and strict deadlines, and a failure to abide by them could result in civil or even criminal liability for the guardian.
Frequently Asked Questions
Guardianship for Incapacitated Adults
A Florida court can appoint a guardian for an individual—legally referred to as the "ward"—who is incapacitated due to dementia, severe physical impairment, or other conditions that prevent them from managing their own care.
Once appointed, the guardian assumes a strict fiduciary duty to act entirely in the ward's best interests. Depending on the scope of the guardianship, the guardian may be responsible for the ward's person, their property, or both. Duties often include managing the ward’s:
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Housing, food, and daily essentials
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Medical care and health decisions
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Financial assets and real estate
Guardianship of the Property for Minors
Guardianships are also used to protect children. Under Florida law, a guardian must be appointed if a minor receives assets exceeding $15,000 (typically through an inheritance, lawsuit, or insurance settlement).
This legal safeguard ensures the child's assets are responsibly managed until they turn 18. A surviving parent is most commonly appointed as the guardian of the child’s estate, though the court can also appoint other qualified relatives if necessary.
ARE GUARDIANS ACCOUNTABLE?
Yes. The court monitors the guardian to ensure that they are acting in the best interests of the ward. The guardian must submit annual reports to the court regarding the ward’s financial and personal status. The court may also require the guardian to obtain court approval before making certain major decisions, such as selling the ward’s real estate or making large investments.
WHEN IS GUARDIANSHIP ESTABLISHED?
Guardianship is established through a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person. Because this process is governed by Chapter 744, Florida Statutes, a judge must officially determine that an individual lacks the ability to manage at least some of their property or to meet at least some of the essential health and safety requirements of life before transferring those rights.
DO I NEED AN ATTORNEY?
Yes. Florida law requires an attorney to represent the petitioner who files for the guardianship, as well as the appointed guardian once the process is complete. This is largely because the guardian’s duties involve complex legal rules and strict deadlines. Failing to abide by them could result in civil or even criminal liability for the guardian.
Need Help Navigating Florida Guardianship?
Navigating guardianship in Florida can be complex, but you don't have to do it alone. At The Wheeler Firm, we guide families through every step of the legal process to ensure your loved one's rights and well-being are protected. Contact us today at (850) 613-6923 to schedule a consultation.