Florida Guardianship Lawyers | Legal Help to Protect Your Loved Ones

Guardianship is a legal process designed to protect and uphold the rights of individuals whose physical or mental limitations prevent them from making their own decisions. When the court determines that an individual cannot manage their personal or financial affairs, it appoints a guardian to assist and make decisions on their behalf.

All adult and minor guardianships in Florida are established and monitored under court supervision in accordance with Fla. Stat. §744.3678.

At Robinson & Casey, our experienced attorneys have guided numerous families across South Florida through the guardianship process. Establishing guardianship can be complex and emotional – but you don’t have to face it alone.

We help families protect loved ones who require assistance or oversight due to age, disability, or other conditions that limit their capacity to make informed decisions.
Our firm also assists when you suspect neglect, abuse, or exploitation, helping you evaluate whether guardianship is appropriate and connecting you with local agencies that protect vulnerable adults, children, and the elderly.

We are a law firm providing legal assistance with the guardianship process.
We do not provide or refer to medical, clinical, or treatment services.

Navigating guardianship is often emotional and demanding. At Robinson & Casey, we understand how difficult it is to see a loved one lose the ability to make independent decisions.

Our attorneys bring a unique blend of legal experience and compassion, ensuring you are supported at every stage – from the initial petition to the final appointment of a guardian. We act quickly when emergencies arise and treat your case with urgency and care.

Your Emergency Is Our Emergency.
We are committed to helping families protect the people who matter most.

Guardianship is a court-supervised legal relationship where a guardian is appointed to make personal and/or financial decisions for another person, known as the ward.
This applies to minors or adults who, due to incapacity or disability, cannot manage their affairs.
Relevant statutes: Fla. Stat. §§744.101-744.534.

A guardian may oversee personal decisions, finances, or both, depending on the court’s determination. All guardians are legally accountable to the court to ensure transparency and proper care.

When an adult’s ability to make sound decisions is significantly impaired, the court can transfer certain rights and responsibilities to a guardian. Guardianship is only established when no less restrictive alternative (such as a power of attorney or health care proxy) is appropriate.
Florida law allows both voluntary and involuntary guardianships under Fla. Stat. §§744.3201 and 744.341.

• Voluntary Guardianship: For mentally competent adults who need help managing their estate and petition for assistance.

• Involuntary Guardianship: Requested by another party when an adult is unable to make decisions independently.

In urgent situations, the court may appoint an Emergency Temporary Guardian (ETG) to protect a person or their property.
This occurs when there is immediate danger to an individual’s well-being or risk of financial loss.
An ETG’s authority typically lasts up to 90 days, with possible extensions if the emergency persists.

1. File a Petition: A petition is filed with the local court where the individual resides.

2. Court Review: The court appoints legal counsel for the alleged incapacitated person and a three-member examining committee (including a physician or psychiatrist).

3. Evaluation: The committee assesses physical, mental, and functional abilities and submits reports.

4. Hearing: Within 10-30 days of report submission, the judge conducts a hearing to determine incapacity.

5. Appointment: If incapacity is confirmed, the judge appoints a guardian with appropriate powers.

Hiring an experienced Florida guardianship attorney helps ensure petitions are filed correctly, deadlines are met, and rights are protected throughout the process.

Any Florida resident aged 18 or older, or a non-resident related by blood, marriage, or adoption, may serve as a guardian (Fla. Stat. §744.309).
Banks, trust companies, and nonprofit organizations may also serve in certain cases.
All guardians must complete required training and submit an application outlining their qualifications (Fla. Stat. §744.3145(a)).

Uncontested guardianship cases often conclude within 90 days.
Cases involving medical or psychological evaluations may take longer, which is why Emergency Temporary Guardianships can provide interim protection when immediate action is necessary.

The court appoints guardians for minors when:

• Both parents are deceased or incapacitated.

• A child receives an inheritance or settlement exceeding statutory limits (Fla. Stat. §744.3021).

A guardian may handle personal care, financial management, or both.
In some cases, separate guardians may be appointed for each responsibility to ensure the child’s best interests are met.