Guardianship
Guardianship is a Florida court process in which a judge appoints someone to make personal, medical, or financial decisions for an adult or minor who can’t make them safely on their own. Because guardianship removes some of a person’s rights, the court first considers less restrictive options, such as a power of attorney or a health care surrogate.
Guardianship is an important legal process that allows one person to care for another person who is unable to care for themselves. At Estate Law of Florida, PA, our experienced guardianship attorneys can guide you through the legal process of establishing guardianship to ensure the best interests of your loved ones are protected.
Our Florida guardianship attorneys have a wealth of experience handling guardianship cases, including applications for guardianship of property and guardianship of personal care. We understand the sensitive and emotional nature of these matters, and we approach each one with compassion and professionalism.
We are guardianship attorneys that have experience representing Clients and Guardians in the following areas:
Guardianship FAQs
What is guardianship in Florida?
Guardianship is a court process under Chapter 744, Florida Statutes, in which a judge appoints someone to make personal, medical or financial decisions for an adult who can no longer make them safely, or for a minor.
How is guardianship different from a power of attorney?
A power of attorney is signed voluntarily while a person still has capacity. Guardianship is court-supervised and is often needed when no valid power of attorney or health care surrogate exists. Planning ahead can often avoid guardianship altogether.
What is guardian advocacy?
Guardian advocacy is a less restrictive option for adults with developmental disabilities. A court appoints a guardian advocate without a finding of incapacity.
What is an emergency temporary guardianship?
When someone faces imminent danger to their health, safety or property, a court can appoint a temporary guardian, generally for up to 90 days, while the full guardianship case proceeds.
What does a guardian have to do?
Florida guardians must pass a background check before appointment. After appointment, they must complete required training and file an initial report and annual reports with the court.
Do I need an attorney?
Florida generally requires guardians to be represented by an attorney throughout the guardianship. This requirement does not apply to guardian advocacy.
Tara David
Guardianship Law
US Business News, 2019
