Guardianship in Florida
What Is Guardianship?
Guardianship is a legal process in which a Florida court appoints a guardian to make decisions on behalf of someone who is unable to care for themselves. This person—known as the “ward”—may be a minor child, an adult with special needs, or a senior who has lost capacity due to illness, dementia, or other conditions.
While guardianship is designed to protect vulnerable individuals, it is also a serious legal step that requires strict compliance with Florida law.
When Is Guardianship Needed?
Guardianship may be necessary when:
-
A minor inherits money or property and needs someone to manage those assets.
-
An adult becomes incapacitated and cannot make safe decisions about their finances or healthcare.
-
A vulnerable senior is at risk of abuse, neglect, or exploitation.
Florida courts always consider whether less restrictive alternatives (such as powers of attorney, trusts, or healthcare surrogate designations) are available before granting guardianship.
Types of Guardianship in Florida
Under the Florida Guardianship Code (Chapter 744, Florida Statutes), there are several forms of guardianship, including:
-
Guardian of the Person – Responsible for personal and medical decisions.
-
Guardian of the Property – Handles the ward’s finances and property.
-
Plenary Guardianship – Grants full authority over both the person and property when no lesser option will protect the ward.
-
Limited Guardianship – Allows the ward to retain some rights while granting a guardian authority in specific areas.
The Guardianship Process
The guardianship process in Florida typically involves:
-
Petitioning the Court – Filing a petition to determine incapacity and request guardianship.
-
Evaluation – An examining committee evaluates the alleged incapacitated person.
-
Hearing – A judge reviews the evidence and decides whether guardianship is necessary.
-
Appointment – If approved, the court appoints a guardian and defines their responsibilities.
-
Oversight – Guardians must file reports with the court to ensure accountability.
Because guardianship can remove significant rights from an individual, Florida courts take these proceedings very seriously.
Why Work with a Guardianship Attorney?
Navigating guardianship without legal guidance can be stressful and confusing. An experienced Florida guardianship attorney helps by:
-
Preparing and filing the necessary petitions and documents.
-
Representing you at hearings.
-
Ensuring compliance with Florida guardianship statutes and reporting requirements.
-
Exploring less restrictive alternatives before pursuing guardianship.
Jessica Elliott brings not only legal knowledge but also compassion and patience to these sensitive cases. Her goal is to protect the vulnerable while giving families peace of mind.
Compassionate Advocacy for Families
Every family deserves to know their loved ones are safe and cared for. Jessica is committed to guiding clients through the guardianship process with dignity, professionalism, and understanding.
Contact Jessica A. Elliott
If you are concerned about a loved one’s ability to make safe decisions, contact Jessica today to discuss whether guardianship—or another legal option—is right for your family.
Phone: 786-493-4228
Email: jaelliottlaw@aol.com