Watching a loved one lose the ability to make sound decisions about their health, safety, or finances can be heartbreaking. Whether it’s an aging parent with dementia, an adult child struggling after a brain injury, or a minor who inherits assets, there may come a point when legal intervention becomes necessary to ensure their well-being and protect their interests.
In Florida, that legal safeguard is known as guardianship. Guardianship allows the court to appoint a trusted person or professional to make decisions on behalf of someone who can no longer do so safely on their own. It’s a serious step, one that removes certain personal rights, and should only be used when no less restrictive alternative will adequately protect the individual.
In this blog, we’ll explain what guardianship means under Florida law, how the process works, and the situations in which it may become necessary. We’ll also discuss alternatives to guardianship and share practical guidance for families navigating this difficult decision.
What Is Guardianship?
Guardianship is a legal process in which a Florida court appoints a responsible person or professional, called a guardian, to make decisions for someone who can no longer make those decisions independently. The individual in need of protection is referred to as the ward.
Guardianship is meant to protect people who have lost the ability to manage their personal, medical, or financial affairs due to conditions such as dementia, serious illness, developmental disabilities, or injury. Depending on the situation, a guardian may be responsible for day-to-day personal care, medical decisions, or handling finances and property.
Because guardianship involves transferring certain rights from one person to another, courts only approve it when no less restrictive alternative, such as a power of attorney or healthcare surrogate, will provide enough protection.
There are several types of guardianship, depending on the needs of the ward:
- Limited Guardianship: Grants the guardian authority over specific areas where the ward needs help, allowing them to keep as much independence as possible.
- Full Guardianship: Gives the guardian decision-making power over nearly all aspects of the ward’s personal, medical, and financial life when the individual is unable to manage on their own.
- Plenary Guardianship: Provides the guardian with complete authority to act on behalf of the ward, typically used when the person is entirely incapacitated.
- Emergency Guardianship: A temporary arrangement when there is an immediate risk to the person’s health, safety, or property, allowing the court to appoint a guardian quickly until a permanent decision can be made.
In essence, guardianship serves as a vital safeguard, ensuring that vulnerable individuals are cared for and their interests protected, while still honoring their dignity and autonomy as much as possible.
When Guardianship Becomes Necessary: Triggers & Criteria
Deciding when to pursue guardianship is never easy. It often comes after families notice that a loved one can no longer make safe or sound decisions about their health, finances, or daily life, and that informal help or existing legal documents are no longer enough.
It may become necessary when someone experiences:
- Cognitive decline from dementia or Alzheimer’s
- Serious mental illness that impairs judgment or safety
- Developmental disabilities that limit decision-making ability
- Brain injury or medical crisis that causes sudden incapacity
- A minor inheritance or settlement that requires financial oversight
- An emergency situation that puts health, safety, or assets at immediate risk
When evaluating guardianship, courts consider whether the person can manage personal care, understand medical needs, make financial decisions, and avoid exploitation. If only certain areas of life require support, a limited guardianship may be granted. If the person is entirely unable to manage their affairs, a full or plenary guardianship may be necessary.
Guardianship is always meant to protect, not to control, and should be pursued only when truly needed to keep a vulnerable person safe.
The Guardianship Process in Florida
The guardianship process in Florida is designed to protect individuals who can no longer make responsible decisions for themselves, while ensuring their rights are respected every step of the way. It involves several key stages:
Filing a Petition
The process begins when someone, often a family member or close friend, files a petition with the court asking for a determination of incapacity and the appointment of a guardian.
Evaluation of Capacity
The court appoints a small panel of qualified professionals to evaluate the individual’s ability to make personal and financial decisions. Their reports help the judge understand the person’s specific needs and limitations.
Court Hearing
During the hearing, a judge reviews the evaluations, hears from all parties involved, and determines whether guardianship is necessary. The individual has the right to attend, have an attorney, and present evidence.
Appointment of a Guardian
If the court finds the person incapacitated, it appoints a guardian and issues legal documents called “letters of guardianship,” which give the guardian authority to act on the person’s behalf.
Ongoing Oversight
Once appointed, the guardian must create a care plan and submit regular reports and financial accountings to the court. This oversight ensures that the guardian is acting responsibly and in the best interest of the ward.
The court’s goal throughout this process is to strike the right balance, providing protection where it’s needed while preserving as much independence and dignity as possible for the person under guardianship.
Alternatives to Guardianship
Because guardianship removes some of a person’s rights, courts in Florida require families to explore less restrictive alternatives first. In many cases, these options can provide the support and protection a loved one needs without the need for full guardianship.
- Durable Power of Attorney
A durable power of attorney allows an individual to appoint someone they trust to handle financial and legal matters on their behalf. It remains effective even if the person later becomes incapacitated.
- Health Care Surrogate Designation
This document authorizes a chosen person to make medical decisions if the individual becomes unable to do so. It ensures that health care choices align with the person’s values and preferences.
- Living Will
A living will outlines medical treatment preferences in advance, particularly regarding life-sustaining measures. It guides loved ones and medical professionals if difficult health care decisions arise.
- Trusts
Setting up a revocable or irrevocable trust allows someone to manage assets for the benefit of another person, providing financial oversight without court involvement.
- Supported Decision-Making Agreements
In some cases, individuals can enter into formal agreements that allow trusted supporters to help them make decisions, rather than transferring full decision-making power to a guardian.
These tools can often prevent the need for guardianship altogether, or limit it to only certain areas of a person’s life. An experienced attorney can help evaluate which approach offers the right level of protection while preserving as much independence as possible.
Guardianship Risks, Challenges & Common Issues
Although guardianship provides important protections, it also carries challenges. It limits a person’s independence and can lead to emotional strain or family conflict over decision-making. The process itself can be time-consuming and expensive, requiring ongoing court oversight and detailed reporting.
There’s also potential for financial mismanagement or even abuse if a guardian fails to act in the ward’s best interest. Because of these risks, guardianship should only be pursued when truly necessary and with a clear understanding of the responsibilities involved. Having an experienced attorney helps ensure the process is handled properly and the individual’s rights remain protected.
Why Choose Robinson & Casey
Navigating guardianship can feel overwhelming, but you don’t have to go through it alone. At Robinson & Casey, our attorneys have extensive experience guiding families through the guardianship process with care, clarity, and compassion. We take the time to understand your unique situation, explain your options, and help you determine whether guardianship, or a less restrictive alternative,is the right path forward
From preparing petitions and representing you in court to ensuring compliance with reporting requirements, our team provides steady support every step of the way. We know these cases involve sensitive family dynamics and deeply personal decisions, and we’re committed to protecting both your loved one’s well-being and their dignity.
If you’re considering guardianship or want to explore your options, Robinson & Casey is here to help you make informed, confident decisions.
Guardianship FAQs
Who can serve as a legal guardian?
In Florida, a legal guardian can be any competent adult who is capable of responsibly managing another person’s personal or financial affairs. The court generally gives preference to close family members, such as a spouse, parent, or adult child, but non-relatives or professional guardians may also be appointed if they are qualified and willing to serve. All potential guardians must complete a background check and training to ensure they can act in the best interests of the individual under guardianship.
How long does the guardianship process take?
The length of the guardianship process can vary depending on the complexity of the case and whether it’s contested. In general, most guardianship cases take between one and three months from filing the petition to the court’s final decision. Emergency or temporary guardianships can be established more quickly if immediate protection is needed. Delays can occur if additional evaluations, objections, or court hearings are required.
