How to Become a Legal Guardian of an Adult in Florida

A Florida court can appoint a legal guardian for an adult who can no longer make safe decisions. Guardianship cases in Florida involve specific legal procedures, and the details depend on the facts of each situation. It starts with a verified petition, moves to an incapacity review, and ends with a court order and letters of guardianship.

This page walks through each step using the current statute text. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade and across South Florida.

Who Can Become a Legal Guardian of an Adult in Florida?

Under Florida law, any resident of this state who is sui juris and 18 years of age or older is qualified to act as guardian of a ward. Fla. Stat. § 744.309 reads: “(b) No judge shall act as guardian after this law becomes effective, except when he or she is related to the ward by blood, marriage, or adoption, or has maintained a close relationship with the ward or the ward’s family, and serves without compensation.” Sui juris means legally able to manage your own affairs.

Being qualified does not mean being chosen. The judge makes the final decision. The court must consider the wishes the adult expressed about who should serve. It must also look for possible disqualifications and conflicts of interest.

A person can be disqualified for several reasons. Examples include a felony conviction, an illness or incapacity that keeps them from doing the job, or being otherwise unsuitable. Except as provided in subsections (5) and (6), a person who provides substantial services to the adult in a professional or business role may not be appointed guardian and retain that previous professional or business relationship.

If the adult named a standby or preneed guardian who is qualified under s. 744.309, the court shall appoint that person unless doing so is contrary to the ward’s best interests. The best-interests exception applies when that choice is contrary to the adult’s best interests. A provider of health care services to the ward, whether direct or indirect, may not be appointed guardian unless the court specifically finds there is no conflict of interest with the ward’s best interests.

Choosing the Right Type of Guardianship

The petition must say whether the guardianship is plenary or limited. Plenary is the broader option. Limited is narrower and covers only the powers the court lists.

The court can remove some rights from an adult and give them to a guardian. Others can be removed but cannot be handed over. Voting, driving, travel, and marriage are in that second group. Managing property and making health care decisions can be delegated.

An adult keeps every right the court does not specifically remove.

The statute also covers emergency temporary guardians. If one is requested, a copy of that petition must be filed with the petition to determine incapacity.

Florida’s Department of Elder Affairs says guardianship should be the least restrictive option. The adult should still be able to take part in decisions. Elder Affairs guardianship guide

Step 1: Filing a Petition to Determine Incapacity

The first step is a verified petition to determine incapacity. Any adult can sign it. The petition must be verified, which means the person signing it formally swears to its contents. Fla. Stat. § 744.3201

The petition must include:

• the petitioner’s name, age, address, and relationship to the adult
• the adult’s name, age, county of residence, and address
• the adult’s primary language, if known
• whether the adult uses supports such as supported decisionmaking, and why those supports are not enough
• the facts behind the belief that the adult is incapacitated
• the names of people who saw those facts firsthand
• the adult’s doctor, if known
• which rights the adult cannot exercise
• next of kin, with birthdates for any minors

Facts matter here. Notice of the petition must be served on the adult and read to them.

Step 2: The Incapacity Evaluation and Examining Committee

The court must appoint an examining committee within 5 days after the petition is filed. The committee has three members. Fla. Stat. § 744.331

One member must be a psychiatrist or other physician. One member must know the type of incapacity the petition alleges. Members must be able to communicate with the adult, through an interpreter if needed. A Florida guardianship resource from the Flagler County Clerk describes this evaluation and hearing as part of the plenary process.

Committee members cannot be related to or associated with the petitioner or the lawyers in the case. The clerk must serve each examining committee member’s report on the petitioner and the adult’s attorney within 3 days after receiving it. Fla. Stat. § 744.331 reads: “The petitioner and the attorney for the alleged incapacitated person must be served with all reports at least 10 days before the hearing on the petition, unless the reports are not complete, in which case the petitioner and attorney for the alleged incapacitated person may waive the 10 day requirement and consent to the consideration of the report by the court at the adjudicatory hearing.” The attending or family physician usually cannot serve either, unless good cause is shown. If that doctor is available, the committee must consult with them. Fla. Stat. § 744.331

The adjudicatory hearing must happen at least 10 days after the committee’s last report, unless that time is waived. It must happen no more than 30 days after, unless good cause is shown. Fla. Stat. § 744.331

The adult has the right to counsel and to notice of the proceedings. Under Fla. Stat. § 744.331, the notice must say that an attorney has been appointed to represent the adult.

Step 3: The Court Hearing and Appointment

At the hearing, the judge decides whether the adult is incapacitated. If the judge finds incapacity, the court then decides who will serve as guardian.

The order that finds incapacity is proof of that incapacity until the court changes it. The adult is treated as incapacitated only to the extent the court’s findings say. Fla. Stat. § 744.331

Each case is decided on its own facts, so the outcome depends on the details of the situation. It may appoint any person who is fit, proper, and qualified. If no standby or preneed guardian can be appointed, the court gives preference to people who are related by blood or marriage to the ward. It also considers relevant experience, the ability to manage money, and the ability to meet the law’s requirements. Fla. Stat. § 744.312

Before appointing anyone, the court must inquire into possible disqualifications and conflicts of interest. Fla. Stat. § 744.312

Step 4: Letters of Guardianship, Bond, and the Initial Inventory

Letters of guardianship are the court’s document that shows the guardian’s authority. They state whether the guardianship covers the person, the property, or both. They state whether it is plenary or limited. If it is limited, they list the guardian’s powers and duties.

A guardian of the property must file a bond before acting. The bond is conditioned on faithful performance of all duties. The court may waive it for compelling reasons.

A guardian of the property must also file a verified inventory. It lists the adult’s property, debts, cash, and sources of income. It includes any claims the adult could bring. A statement of cash on deposit must be filed with it.

The guardian must keep the supporting records for 3 years after discharge.

Ongoing Duties and Court Oversight After Appointment

A guardianship stays under court supervision. The guardian of the person files an annual guardianship plan. The guardian of the property files an annual accounting.

The plan is due within 90 days after the anniversary month of the letters. The accounting is due on or before April 1 each year. Both reports must declare any pay the guardian received for services to the adult.

Any interested person can file written objections within 30 days after a report is filed. Fla. Stat. § 744.367

The adult keeps rights to an annual review and to a continuing review of any restrictions. A guardian cannot place the adult in a facility without specific court authority and a formal placement proceeding. Fla. Stat. § 744.3215

Restoration is possible. Any interested person, including the adult, may file a suggestion of capacity. The court must give it priority.

Common Questions: Cost, Downsides, Self-Filing, and Caring for an Elderly Parent

Talking Through Your Family’s Situation

If you’re worried about a parent, spouse, or sibling, the court steps can feel heavy. Many families face this with a loved one’s memory loss, a health crisis, or money that is at risk.

You don’t have to sort out the statute, the petition, and the timelines alone. Talking through the specific facts is the first step. Call (561) 849-4149 or schedule a consultation. The first consultation is free, confidential, and comes with no obligation to continue.

This page is general information, not legal advice. Richard J. Casey III, Esq. is the responsible lawyer for this page.