Guardianship Legal Help in Miami-Dade

Guardianship Attorney in Miami-Dade | Robinson & Casey

Guardianship is a court-ordered legal arrangement that gives one person (the guardian) the authority to make decisions for another person (the ward) who cannot manage their own affairs. If you’re facing guardianship in Miami-Dade County—whether for a minor, an incapacitated adult, or someone with a mental health or addiction crisis—Robinson & Casey handles the full legal process, from petition to court order and beyond.

What Is Guardianship and Who Needs It?

Guardianship under Florida Statutes Chapter 744 is a legal relationship in which the court appoints a guardian to care for and make decisions on behalf of a ward who lacks the capacity to do so. You may need guardianship if a minor has lost parental care, an adult cannot manage their person or property, or a family member faces a mental health or substance use crisis requiring legal intervention.

Guardianship differs from other family arrangements like custody (which applies to minors in parental disputes) or power of attorney (which is a private agreement, not court-ordered). A guardianship is a formal court proceeding that establishes clear legal authority and imposes fiduciary duties—meaning the guardian must act in the ward’s best interest and account for their property and decisions to the court.

Types of Guardianship We Handle in Miami-Dade

Emergency Temporary Guardianship

Emergency temporary guardianship is a fast-track court order granted when a ward faces immediate danger and there’s no time for a full guardianship hearing. Under Florida law, the court can appoint an emergency temporary guardian without full notice if there is reasonable cause to believe the ward is in danger and immediate appointment is necessary to protect their welfare. This order typically lasts 60 days and can be extended. We handle emergency filings when a family member is in crisis—addiction relapse, acute mental health episode, or abandonment—and immediate court intervention is required.

Plenary Guardianship

Plenary guardianship grants the guardian full authority over both the person and the estate (property and finances) of the ward. The guardian makes healthcare decisions, manages money, handles legal matters, and oversees the ward’s day-to-day welfare. This is the most comprehensive form and is used when the ward is substantially unable to manage their person or property. We prepare the full petition, coordinate required medical evaluations, and represent you at the court hearing.

Limited Guardianship

Limited guardianship grants only specific powers the court determines the ward needs. For example, a guardian might manage finances but not healthcare decisions, or vice versa. This type is appropriate when the ward retains some capacity in certain areas. We help families identify which powers are necessary and draft petitions that reflect the ward’s actual needs and abilities.

Mental Health Guardianship

Mental health guardianship applies to individuals with serious mental illness who cannot manage their person or estate due to their condition. The court must find incapacity by clear and convincing evidence, often supported by psychiatric evaluation. This guardianship allows the guardian to make treatment decisions, manage medications, and handle financial affairs. We work with mental health professionals and the courts to establish guardianship when mental illness prevents someone from caring for themselves.

Guardianship of Minors

When parents are unable or unavailable—due to death, incarceration, illness, or abandonment—a guardianship of a minor ensures a stable legal caregiver. Grandparents, aunts, uncles, or other family members can petition the court. We handle the full process, including notice to parents (if known) and any required evaluations.

Guardianship of Incapacitated Adults

Incapacitated adults—due to age, illness, disability, or cognitive decline—may need a guardian to manage their person and estate. We help adult children, spouses, and other family members establish guardianship when an aging or disabled parent or relative can no longer manage their affairs.

How the Guardianship Process Works in Miami-Dade

The guardianship process in Miami-Dade County follows a structured court procedure. Here’s what to expect:

Step 1: Initial Consultation and Case Assessment We meet with you to understand your family’s situation, identify who needs guardianship, and determine which type is appropriate. We explain the process, timeline, costs, and your responsibilities as guardian.

Step 2: Petition Preparation and Filing We draft a detailed petition to the Miami-Dade County court, including background information about the proposed ward, reasons guardianship is necessary, and your qualifications as guardian. We file the petition with the court and serve copies on interested parties (parents, spouse, adult children, or others the law requires to be notified).

Step 3: Medical or Psychological Evaluation In most guardianship cases, the court requires an independent medical or psychological evaluation of the proposed ward to confirm incapacity. We coordinate this evaluation and ensure the report is filed with the court.

Step 4: Notice to Interested Parties and Publication Florida law requires notice to certain family members and, in some cases, publication in a local newspaper. We handle all notice requirements and ensure compliance with court rules.

Step 5: Court Hearing We represent you at the guardianship hearing. The judge reviews the petition, the evaluation, and any objections. We present evidence and answer the judge’s questions. In many uncontested cases, the hearing is brief; in contested cases, we are prepared to advocate for guardianship.

Step 6: Guardianship Order and Ongoing Duties Once the judge signs the guardianship order, you become the legal guardian. We explain your fiduciary duties: managing the ward’s property, making healthcare and personal decisions, filing annual reports with the court, and maintaining detailed records. We provide guidance on compliance and ongoing responsibilities.

Timeline: Emergency temporary guardianship can be granted in days. A standard guardianship petition typically takes 2–4 months from filing to final order, depending on court scheduling and whether the case is contested.

Costs: Court filing fees in Miami-Dade County range from a few hundred to over a thousand dollars, depending on the type of guardianship. Attorney fees vary based on complexity. We discuss all costs upfront.

What Our Service Includes

• Complete case evaluation to determine the right type of guardianship for your situation
• Petition drafting and court filing with all required documentation
• Coordination of medical or psychological evaluations and expert reports
• Preparation of supporting documents (affidavits, financial disclosures, background information)
• Representation at court hearings and advocacy before the judge
• Guidance on guardian duties and ongoing compliance with court orders
• Post-order assistance with documentation, accounting, and modifications if needed

Why Choose Robinson & Casey

Robinson & Casey focuses exclusively on guardianship and Marchman Act (involuntary commitment for addiction) matters in South Florida. We are not a general practice firm offering guardianship as one of many services—it is our core practice. This focused experience means we know Miami-Dade County court procedures, local judges, and the specific requirements that apply in our community.

We serve Spanish-speaking and English-speaking families throughout Miami-Dade and South Florida. Our bilingual team understands the cultural and family dynamics that often underlie guardianship decisions, and we communicate clearly in both languages.

We handle emergency situations. When a family member faces immediate crisis—addiction relapse, mental health emergency, or abandonment—we know how to move quickly and file for emergency temporary guardianship without delay.

We explain the process honestly. We don’t promise outcomes or guarantee results. Instead, we set realistic expectations, discuss costs and timelines, and prepare you for what guardianship actually requires. Many families come to us stressed and uncertain; we provide clarity and support.

Common Situations We Handle

• Parent unable to care for a child due to illness, incarceration, death, or substance use disorder
• Adult child seeking guardianship for an aging or incapacitated parent
• Family member in mental health or addiction crisis requiring legal intervention and court-ordered protection
• Minor left without parental care due to family circumstances or parental death
• Incapacitated adult unable to manage medical decisions, finances, or daily living

Frequently Asked Questions About Guardianship in Miami-Dade

Next Steps: Schedule Your Consultation

If you’re facing guardianship in Miami-Dade County, the first step is a confidential consultation with Robinson & Casey. Bring relevant documents—birth certificates, medical records, court orders (if any)—and be ready to discuss your family’s situation and your guardianship goals. We’ll explain your options, the process, timeline, and costs, and answer your questions. Then you can move forward with confidence in a complex legal process.

Call Robinson & Casey at (561) 849-4700 to schedule your consultation today. If you’re navigating guardianship for a child, an aging parent, or a family member in crisis, you don’t have to do it alone—families in your situation reach out to us regularly, and we’re ready to guide you through every step.