Plenary Guardianship Attorney Serving South Florida

Plenary Guardianship Attorney in Florida

Full legal guardianship—called plenary guardianship—gives you complete authority to make medical, financial, and personal decisions for an incapacitated adult. Robinson & Casey handles plenary guardianship petitions and court proceedings for families across South Florida and statewide, guiding you through a complex process with clear, step-by-step legal support.

What Is Plenary Guardianship?

Plenary guardianship is a court-ordered arrangement that grants a guardian full legal authority over an incapacitated adult’s person and estate. Under Florida Statutes Chapter 744, a plenary guardian can make all decisions on behalf of the ward (the incapacitated person), including medical treatment, residence, daily care, financial management, and legal matters.

This differs from limited guardianship, which grants only specific powers over designated areas of the ward’s life. Plenary guardianship is appropriate when an adult has severe incapacity and cannot manage any significant aspect of their personal or financial affairs.

Who Needs Plenary Guardianship?

Plenary guardianship becomes necessary when an adult loses the ability to make safe decisions. Common situations include:

• Severe dementia or Alzheimer’s disease — advanced cognitive decline affecting all decision-making
• Developmental disability — lifelong inability to manage personal or financial matters
• Severe mental illness — conditions that prevent sound judgment in all areas
• Catastrophic brain injury or stroke — sudden loss of capacity affecting multiple life domains
• End-stage illness — when the person cannot communicate or express preferences

In these cases, limited guardianship (which grants only certain powers) is insufficient. The incapacitated person needs comprehensive legal protection across all aspects of their life.

What Plenary Guardianship Covers

A plenary guardian holds broad authority but operates within clear legal boundaries set by Florida law.

Personal and Medical Decisions: – Consent to or refuse medical treatment – Choose the ward’s residence and living arrangements – Arrange for daily care, nutrition, and hygiene – Make end-of-life decisions (with court approval, when appropriate)

Financial and Estate Management: – Manage bank accounts, investments, and property – Pay bills and handle debts – Buy or sell real estate (with court approval) – File tax returns and manage financial affairs

Legal Authority: – Act on the ward’s behalf in all lawful matters – Represent the ward in legal proceedings – Enter contracts necessary for the ward’s care and support

Important Limitations: Under Florida law, a guardian cannot change the ward’s will, authorize the ward to marry, or vote on the ward’s behalf, even with plenary guardianship. These protections preserve the ward’s fundamental rights.

Guardians also serve as fiduciaries—meaning they have a legal duty to act in the ward’s best interest and are subject to ongoing court oversight.

The Plenary Guardianship Process in Florida

Establishing plenary guardianship requires navigating a structured court process. Here’s what to expect:

Step 1: Initial Consultation You meet with a guardianship attorney to discuss your family’s situation, the incapacitated person’s condition, and whether plenary guardianship is the right option. The attorney evaluates alternatives, such as limited guardianship or power of attorney.

Step 2: Medical Evaluation Before filing a petition, you must obtain a physician’s evaluation. The doctor assesses the person’s capacity and prepares a written affidavit or report documenting incapacity. This medical evidence is required by Florida courts.

Step 3: Petition Filing Your attorney prepares and files a Petition for Determination of Incapacity with the court. The petition includes the physician’s affidavit, information about the proposed guardian, details about the alleged incapacitated person, and supporting documentation.

Step 4: Notice and Service The court requires notice to the alleged incapacitated person and all interested parties (spouse, adult children, parents, heirs). This ensures due process and gives others an opportunity to object or participate.

Step 5: Court Hearing You attend a guardianship hearing before a judge. The court hears evidence about the person’s incapacity, considers the proposed guardian’s qualifications, and determines whether plenary guardianship is necessary and in the ward’s best interest.

Step 6: Court Order If the judge finds clear and convincing evidence of incapacity, the court enters a guardianship order appointing the guardian and defining their powers.

Step 7: Guardian Oath and Duties Begin The appointed guardian takes an oath of office and assumes all duties under the guardianship order. This includes ongoing compliance with court reporting requirements and fiduciary obligations.

Timeline: The entire process typically takes 60 to 90 days from petition filing to court order, depending on case complexity, whether anyone objects, and local court schedules. Emergency situations may move faster.

Documents and Requirements

Establishing plenary guardianship requires specific documentation:

• Physician’s affidavit or medical report — documenting the person’s incapacity
• Petition for Determination of Incapacity — the formal court filing
• Proposed guardian information — background, qualifications, and consent to serve
• Notice of hearing — served on the alleged incapacitated person and interested parties
• Proof of service — showing all required parties were notified
• Financial and personal information — details about the alleged incapacitated person’s assets, family, and circumstances

Your attorney ensures all documents are complete and filed correctly, meeting Florida court rules and statutory requirements.

Why Choose Robinson & Casey for Plenary Guardianship

Robinson & Casey focuses exclusively on guardianship and Marchman Act matters—not a general practice that splits attention across unrelated areas. This focused approach means deep experience with Florida guardianship law, court procedures, and the real-world circumstances families face.

Our Approach:

• Statewide service — we represent families across South Florida and throughout Florida
• Bilingual representation — Spanish and English counsel, reflecting the primary language needs of the families we serve
• Personalized guidance — we listen to your family’s specific situation, not apply a one-size-fits-all template
• Compliance and clarity — we ensure every step meets Florida statutory requirements and explain the process in plain language
• Direct support — you work with experienced guardianship attorneys, not junior staff or referral services

We understand that guardianship is deeply personal. You’re protecting someone you care about. Our job is to make the legal process clear, manageable, and focused on your family’s needs.

Frequently Asked Questions

Next Steps: How to Begin

If you’re managing an incapacitated family member’s affairs and need full legal guardianship, the first step is a confidential consultation with Robinson & Casey.

During your consultation, we’ll:

• Listen to your family’s situation and the incapacitated person’s needs
• Explain plenary guardianship and how it works in Florida
• Discuss whether plenary guardianship is the right option (or whether limited guardianship, emergency temporary guardianship, or another arrangement may better fit your circumstances)
• Outline the process, timeline, and next steps
• Answer your questions clearly

Ready to move forward? Call us at (561) 849-4700 or schedule a consultation online. We serve families across South Florida and statewide.