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Guardianship in Florida is a crucial legal tool for protecting the well-being of a loved one who can no longer make decisions due to age, illness, or incapacity. At Lemieux & Jacoby Elder Law Advocates, we recognize the emotional and legal challenges families face during this time. That’s why we’ve developed this comprehensive guide to help Florida residents understand when guardianship is necessary, what the process involves, and how to take the first steps.
What is Guardianship?
Guardianship is a legal arrangement in which a court designates a qualified individual or organization—referred to as the guardian—to make important personal, financial, or healthcare decisions for another person, known as the ward, who is incapable of managing these matters on their own.
In Florida, guardianship is considered a last resort, used only when there are no less restrictive alternatives—such as powers of attorney or health care proxies—available or valid.
When is Guardianship Necessary?
Guardianship in Florida is typically sought when:
An elderly individual has dementia or Alzheimer’s and lacks the mental capacity to make decisions.
An adult with a developmental disability turns 18 and is unable to manage their affairs.
A person suffers a traumatic injury or illness that impairs their ability to handle personal or financial matters.
A minor receives an inheritance or settlement and no parent is legally able to manage it.
Types of Guardianship in Florida
There are several forms of guardianship under Florida law:
Plenary Guardianship: Provides complete control over the ward’s personal and financial affairs.
Limited Guardianship: The guardian only has authority over specific areas where the ward is deemed incapacitated.
Guardian Advocacy: Often used for adults with developmental disabilities, allowing parents or caretakers to maintain legal authority after the individual turns 18.
Emergency Temporary Guardianship: Granted when there is immediate danger to the person or property of the potential ward.
The Guardianship Process in Florida
Filing a Petition: A family member, friend, or other concerned individual files a petition with the probate court in the ward’s county of residence.
Examination Committee: A panel of three members assesses the individual in question and presents their findings to the court.
Court Hearing: Based on the evidence, the judge determines whether the individual is incapacitated and to what extent.
Appointment of Guardian: When required, the court designates an appropriate guardian and grants a formal guardianship order.
Throughout this process, legal representation is strongly advised to ensure compliance with Florida statutes and to protect the rights of all involved.
Your Advocates for Compassionate Legal Guidance
At Lemieux & Jacoby Elder Law Advocates, we specialize in guardianship in Florida and elder law issues. We know this is more than a legal matter—it’s a deeply personal one. With empathy, clarity, and respect, our dedicated team supports families through each stage of the guardianship journey, ensuring they never walk alone.
Whether you're considering guardianship for a loved one or facing a contested proceeding, we are here to advocate for your family's best interests with legal skill and emotional sensitivity.
For expert guidance on guardianship in Florida, reach out to Lemieux & Jacoby Elder Law Advocates at 321-723-8388 or explore their services online at lemieuxjacoby.com.
