321-723-8388
Guardianship in Florida is often the necessary step when a loved one can no longer manage their health, finances, or daily needs on their own. While the process may feel overwhelming at first, the right support can make it clear and structured, ensuring the protection and well-being of those most vulnerable. At Lemieux & Jacoby Elder Law Advocates, we guide families across Florida through every stage with compassion and clarity.
Understanding Guardianship in Florida
Guardianship in Florida is a legal process where the court appoints an individual or institution to make decisions on behalf of someone who is incapacitated. This can involve managing medical care, living arrangements, and even financial matters. Guardianship provides essential protection when an adult is unable to manage their own affairs due to age, illness, or disability.
It’s important to note that guardianship is considered a last resort. Florida courts encourage less restrictive alternatives—such as powers of attorney, health care surrogates, or trusts—before appointing a guardian. However, when those options are not enough to safeguard a person’s well-being, guardianship becomes a necessary and powerful tool.
Steps to Establish Guardianship
The process begins by filing a petition with the local court. This petition typically includes medical evaluations and supporting documentation to show that the individual truly needs a guardian. The court then appoints a committee, usually consisting of medical professionals, to evaluate the person’s capacity.
If the committee determines that the individual cannot make safe decisions, the judge will decide whether guardianship is appropriate and, if so, who should serve in that role. Guardians can be family members, trusted friends, or in some cases, professional guardians appointed by the court.
Once appointed, the guardian has a fiduciary duty to act in the best interest of the incapacitated person. This responsibility may include handling finances, ensuring proper medical care, and submitting regular reports to the court.
Why Legal Guidance Matters
Because guardianship in Florida involves court proceedings, legal documentation, and ongoing responsibilities, it’s essential to have experienced advocates by your side. The process can be confusing, and mistakes may delay protection for your loved one. At Lemieux & Jacoby Elder Law Advocates, we help families understand every step, file the necessary petitions, and ensure guardianship is established smoothly and correctly.
Protecting Loved Ones with Care
Choosing guardianship is never easy, but it is often the safest way to protect someone who cannot protect themselves. By working with trusted legal advocates, families can gain peace of mind knowing their loved ones are cared for with dignity, respect, and legal safeguards.
If you are considering guardianship in Florida, contact Lemieux & Jacoby Elder Law Advocates today at 321-723-8388 or visit lemieuxjacoby.com, we are here to guide you through the process with compassion, knowledge, and dedication to your family’s well-being.
