Florida Guardianship Lawyers

Protecting Those Who Can’t Protect Themselves

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.

Our Approach

The Robinson & Casey Experience

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.

Florida Guardianship Lawyers

What is Guardianship?

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

Guardianship of the Person

Oversees personal decisions including health care, living arrangements, and daily needs of the ward.

Guardianship of Property

Manages financial decisions, assets, and estate matters on behalf of the ward under court oversight.

Full Guardianship

Combines both personal and financial decision-making authority. All guardians are legally accountable to the court.

For Impaired Adults

Guardianship for Adults

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.

Protecting Children

Guardianship for Minors

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.

Common Questions

Frequently Asked Questions

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.

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.