Marchman Act and Guardianship Attorneys Serving South Florida Families

A Florida guardianship is a court case in which a judge appoints a guardian to act for a person found incapacitated. Robinson Casey is a Florida law firm that limits its practice to guardianship and Marchman Act matters, serving families in Miami-Dade, across South Florida, and statewide.

When a relative can no longer handle daily decisions safely, families face a hard question. What does the court require, and which path fits? This page explains the general process in plain terms so you know what to expect. Outcomes always depend on the court’s discretion and the facts of each case.

What Florida Guardianship Is and Who It Is For

Guardianship is a court-supervised arrangement for a person who has lost some capacity to manage their own affairs. A guardian is a person the court appoints to act on behalf of a ward’s person, property, or both (Fla. Stat. § 744.102). Under the same statute, an incapacitated person is someone the court has judicially determined lacks the capacity to manage some property or meet some essential health and safety needs.

Any adult may execute a petition to determine incapacity (Fla. Stat. § 744.3201). That means adult children, spouses, and siblings can file, along with other adults. The judge decides whether the person is incapacitated and who serves as guardian. A filed petition does not promise any particular order or appointment.

Guardianship is not the same as a Marchman Act case. Guardianship addresses incapacity. The Marchman Act addresses involuntary treatment for substance abuse impairment. Knowing which path fits your facts is the first step.

Guardianship and Marchman Act Matters Robinson Casey Handles

Robinson Casey limits its practice to guardianship and Marchman Act matters. That includes guardianship attorney work, plenary and limited guardianship, emergency temporary guardianship, mental health guardianship, Marchman Act petitions, and involuntary commitment for addiction (involuntary treatment). Matters outside these areas are not part of the firm’s practice.

Work on a matter can include:

• Reviewing the facts, the person’s condition, and any existing papers, such as advance directives or powers of attorney.
• Preparing a verified petition with the details the statute requires.
• Arranging notice to the alleged incapacitated person, that person’s attorney, and next of kin.
• Representing clients at hearings, on the court’s schedule.
• Preparing post-appointment reports, such as the initial guardianship report, which the statute says is due within 60 days after letters are signed.

Plenary, Limited, Emergency Temporary, and Mental Health Guardianship

The right type depends on how much capacity the person has lost and how urgent the situation is. The court makes that decision.

• Plenary guardianship. The statute describes a plenary guardian as one who may exercise all delegable legal rights and powers of the ward. That applies after the court finds the ward cannot perform all the tasks needed to care for person or property (Fla. Stat. § 744.102).
• Limited guardianship. A limited guardian has only the powers the court designates. The letters must state whether the guardianship is plenary or limited, and if limited, the guardian’s powers and duties (Fla. Stat. § 744.345).
• Emergency temporary guardianship. A court may appoint an emergency temporary guardian after a petition is filed. It must specifically find imminent danger to health or safety, or that property is at risk (Fla. Stat. § 744.3031). The guardian’s authority expires after 90 days or when a guardian is appointed, whichever comes first. It may be extended for another 90 days if emergency conditions still exist.
• Mental health guardianship. This applies when the incapacity relates to a mental health condition. Whether a case fits this category is a question for the court, based on the evidence.

How the Process Works Step by Step

A guardianship case generally moves from consultation to petition, notice, evaluation, hearing, and reporting. The court controls the pace.

1. Consultation. We review the person’s condition, the family situation, and the papers. Bring medical records, any prior orders, and a list of relatives with contact details.
2. Petition. The petition must be verified. It must state, among other items, the facts behind the belief of incapacity and the names and addresses of next of kin.
3. Notice. Notice must be served on and read to the alleged incapacitated person. It also goes to that person’s attorney and to identified next of kin (Fla. Stat. § 744.331).
4. Examining committee. The statute says the court shall appoint a three-member committee within 5 days after the petition is filed. One member must be a psychiatrist or other physician (same section).
5. Hearing and order. The judge decides, at the court’s discretion, whether to find incapacity and who should serve.
6. Letters and reports. If a guardian is appointed, letters issue that state the scope of powers (Fla. Stat. § 744.345). The guardian then files reports with the court.

Marchman cases follow their own rules. A respondent has a right to counsel at every stage of the proceeding (Fla. Stat. § 397.681). In J.P. v. J.N., the Fifth District held that filing in the wrong county is a venue problem, not a loss of the court’s power to hear the case. In D.H. v. K.J.R., the Second District held that an ex parte assessment order must rest on petition facts that give a good-faith reason to believe the statutory criteria are met. Timelines depend on the court’s calendar and the facts. No schedule can be promised.

Costs, Fees, and What to Expect Financially

Costs depend on the type of case, and some are set by the court. For a Marchman petition, the clerk may not charge a filing fee (Fla. Stat. § 397.681). The court may also prohibit service of process fees if the petitioner is found indigent (Fla. Stat. § 397.68112). Other costs can still apply.

Guardianship costs can include court costs, evaluation costs, and attorney fees. Ask for a written statement that lists everything you may owe before you decide. Costs for evaluations and reports depend on the work the case requires. A consultation is a good time to ask these questions.

Why Families Work With Robinson Casey

Robinson Casey limits its practice to guardianship and Marchman Act matters in Florida. The firm’s work stays inside those two areas of law.

• Statute-first analysis. Each step on this page traces back to Chapter 744 or Chapter 397, or to the appellate decisions cited here.
• Plain scope. Robinson Casey serves families in Miami-Dade, across South Florida, and statewide. We do not claim particular results, speed, or special standing with any court.
• Honest limits. Representation does not decide how a judge rules. Judges weigh the evidence at the court’s discretion.
• Referrals. A matter may be referred to another lawyer or firm. If that applies to yours, we will tell you.

Frequently Asked Questions

Talk With Robinson Casey About Your Situation

If a relative’s health, money, or substance use has you facing decisions now, you don’t have to sort out the court process alone. Call (561) 849-4149 to schedule a consultation, and we will review the facts with you.