What Does a Florida Guardianship Really Cost?

If you are asking how much does it cost to get a guardianship in Florida, the honest answer is that it depends on the case. The total is built from court and clerk charges, attorney fees, an incapacity evaluation, and sometimes a bond. This page breaks down each category using Florida’s guardianship law.

What a Florida guardianship costs: the main categories

Guardianship costs come from four main places: court and clerk charges, attorney fees, the incapacity evaluation, and any bond the court requires. Not every case has all four, and the amount in each one moves with the facts.

Under Fla. Stat. § 744.108, a guardian or an attorney who has rendered services to the ward or the guardian on the ward’s behalf is entitled to a reasonable fee and reimbursement of costs incurred on the ward’s behalf. A Florida state courts report describes guardians as surrogate decision-makers for incapacitated wards in personal and financial matters, as set out in the Florida State Courts guardianship monitoring report.

Think of the four categories as separate bills. Court charges are paid on their own. Attorney fees follow the work you need. Evaluation and bond costs depend on what the court orders and how much property the ward has.

To plan, ask four questions. Is this an emergency? Will anyone contest the request? How much property is involved? How long will the court need to decide? Your answers shape each category below. For the full process, read our emergency temporary guardianship overview.

Court filing fees and clerk costs

Court and clerk charges are separate from attorney fees. They are paid to the court system. Clerk charges can apply when a petition is opened and for later filings, such as certified copies.

Florida law says that in all guardianship proceedings, costs may be awarded, as provided in Fla. Stat. § 744.105. Fla. Stat. § 744.105 adds that when costs come from the ward’s property, the court decides which part of that property pays them.

These charges are set by the court. They don’t rise and fall with how much work your lawyer does. That is the main difference from attorney fees.

Keep every receipt and invoice from the start.

Attorney fees and the free first consultation

Attorney fees are often the largest variable cost in a guardianship. Florida law ties them to the work done. Under Fla. Stat. § 744.108, an attorney who has rendered services to the ward or to the guardian on the ward’s behalf is entitled to a reasonable fee and reimbursement of costs.

The court checks that fee against set criteria. These include the time and labor required, how hard the questions are, the fee usually charged locally for similar work, the results obtained, and the time limits the situation imposes.

An emergency temporary guardianship and a plenary guardianship don’t carry the same workload. Under Fla. Stat. § 744.108(2)(g), the court considers the time limits imposed by the circumstances when it reviews fees; the imminent-danger showing and time cap for emergency petitions are rules of a separate section, Fla. Stat. § 744.3031. A plenary case asks the court to address the ward’s broader decisions, which generally creates a longer record.

Robinson Casey offers a free, confidential first consultation with no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso). You can ask about fees before you decide anything.

Incapacity evaluations, bonds, and other court-required costs

An incapacity case needs an examining committee. The court can also require a bond to protect property.

Within 5 days after an incapacity petition is filed, the court must appoint a three-member examining committee. One member must be a psychiatrist or other physician. Fla. Stat. § 744.331 sets these rules. If the petition is dismissed or denied, the court can order the committee’s fees paid. Plan for the evaluation as a real line item.

A bond is a separate cost. Before a guardian of property acts, the guardian must file one, under Fla. Stat. § 744.351. The court sets the amount. It cannot be less than the full amount of the cash on hand and on deposit belonging to the ward and subject to the control of the guardian, plus the value of the ward’s bearer notes and bonds and other intangible property with a readily fixed market value that can readily be traded for cash. For good cause, the court can waive it when compelling reasons are presented.

Count the ward’s property early. That number drives the bond amount. Once you know your scope, read what an emergency temporary guardian can do.

Who pays for a guardianship in Florida?

The court decides who pays, and it can pay costs from the ward’s property. Under Fla. Stat. § 744.105, the court directs the source when property pays.

Fee reviews follow a similar path. Under Fla. Stat. § 744.108, when a court reviews a guardian’s or attorney’s fees, those costs are paid from the guardianship estate. The exception is a finding that the request is substantially unreasonable.

Timing matters too. The court may not approve final fees for that guardian or the guardian’s attorney until the report is filed, under Fla. Stat. § 744.3031.

If you are a parent of an adult child, see our page on emergency guardianship for an adult child.

Can you file without a lawyer, and how fast does it move?

A guardianship petition must be verified and include specific facts. The paperwork matters as much as the cost. Under Fla. Prob. R. 5.560, the petition must state the nature of the incapacity, whether limited or plenary guardianship is requested, and the proposed guardian’s qualifications. It must also state whether the petitioner knows of possible alternatives to guardianship, such as powers of attorney, and if there are, explain why they are insufficient. Fla. Stat. § 744.334 requires an explanation of why those alternatives are not enough.

Whether to hire a lawyer is your decision. A lawyer can explain how these rules apply to your facts.

The timing rules are concrete. An emergency temporary guardian requires a court finding that there appears to be imminent danger that the person’s physical or mental health or safety will be seriously impaired, or that the person’s property is in danger of being wasted, misappropriated, or lost, unless immediate action is taken, under Fla. Stat. § 744.3031. Notice of the petition and hearing must be served on the person and their attorney at least 24 hours before the hearing, unless the petitioner demonstrates that substantial harm would occur if the 24-hour notice is given. Emergency authority expires 90 days after appointment or when a guardian is appointed, whichever occurs first, and may be extended for another 90 days upon a showing that the emergency conditions still exist.

Who may serve? Under Fla. Stat. § 744.309, a Florida resident who is at least 18 and legally able to act for themselves may qualify. A health care provider to the ward generally cannot serve unless the court finds no conflict of interest.

Talk with Robinson Casey about your family’s situation

If you are reading about these costs, a parent, spouse, or adult child may no longer be able to make safe decisions. That is a heavy load. The money question often arrives in the middle of medical, housing, and safety choices. You don’t have to sort every piece out alone.

Frequently asked questions