Guardianship Attorney
Guardianship Representation in Miami Dade
Robinson & Casey handles plenary, limited, emergency temporary, and mental health guardianship petitions for families across South Florida.
By Richard J. Casey III, Esq. · Published September 18, 2026
Guardianship Attorney in Miami Dade County
When a family member can no longer make decisions for themselves—due to age, illness, injury, or mental health crisis—guardianship becomes the legal path forward. Robinson & Casey represents Miami Dade families through every stage of the guardianship process, from emergency intervention to ongoing court supervision.
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Guardianship Matters in Miami Dade County
Miami Dade County probate courts handle all guardianship petitions and ongoing supervision of guardians in the county, as established under Florida Statutes Chapter 744. Guardianship is a legal process that appoints a responsible person to make decisions about healthcare, finances, living arrangements, and other personal matters for someone determined by the court to lack the capacity to do so themselves.
Robinson & Casey represents families throughout Miami Dade in guardianship proceedings. The firm handles emergency situations requiring immediate protective orders, initial guardianship petitions, and the ongoing administration and reporting obligations that follow. Whether you’re navigating a sudden crisis or planning for a parent’s declining capacity, the firm guides you through Miami Dade’s court system with clarity and compassion.
Types of Guardianship Robinson & Casey Handles in Miami Dade
Florida law recognizes several guardianship arrangements, each suited to different circumstances. Robinson & Casey handles the full range:
Plenary Guardianship
Plenary guardianship grants a guardian full decision-making authority over the ward’s person and/or property when the ward is determined to lack capacity to manage their own affairs. This is the most comprehensive form of guardianship, appropriate when someone cannot make safe or sound decisions about medical care, finances, housing, or daily living.
Limited Guardianship
Limited guardianship allows a court to grant authority over only specific decisions, preserving the ward’s autonomy in other areas. For example, a court might appoint a limited guardian to handle finances while allowing the ward to make healthcare decisions. This approach respects the person’s remaining capabilities and independence.
Emergency Temporary Guardianship
Emergency temporary guardianship can be established when immediate intervention is necessary to protect a person from harm, with expedited court procedures available. This type is used when a family member is in immediate danger and there is no time for the standard guardianship process. Robinson & Casey can file emergency petitions in Miami Dade courts and move quickly to protect your loved one.
Mental Health Guardianship
Mental health guardianship may be established when a mental illness or developmental disability impairs a person’s capacity to make decisions about their person or property. This applies to adults with serious mental illness, developmental disabilities, or acquired cognitive conditions that affect judgment and safety.
The Miami Dade Guardianship Process
The path to guardianship in Miami Dade begins with a petition filed in probate court. The petition must include medical evidence of incapacity, notice to the alleged incapacitated person, and culminates in a hearing before the court. Robinson & Casey prepares all required documents, coordinates medical evaluations, and represents your family throughout.
Once a petition is filed, a court-appointed guardian ad litem is assigned to investigate the ward’s condition and report to the court on the appropriateness of guardianship. The guardian ad litem interviews the alleged incapacitated person, reviews medical records, and makes an independent recommendation to the judge. The court holds a hearing where evidence is presented, and the judge decides whether guardianship is necessary and what type is appropriate.
After guardianship is established, guardians in Florida are subject to ongoing reporting and supervision obligations, including annual accountings and periodic reviews by the court. Robinson & Casey helps guardians understand and meet these responsibilities, ensuring compliance with Miami Dade court orders.
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When Guardianship Becomes Necessary in Miami Dade
Guardianship decisions arise in many family situations:
- Aging parent unable to manage finances, healthcare decisions, or living arrangements due to dementia, stroke, or decline
- Adult child with developmental disability, cognitive impairment, or acquired brain injury who cannot make safe decisions
- Sudden incapacity from accident, illness, or medical emergency leaving someone unable to communicate or decide
- Mental health crisis requiring protective intervention and decision-making authority
- Substance use disorder creating immediate danger, incapacity, or need for protective intervention
In the guardianship cases Robinson & Casey handles, families often face difficult emotional terrain alongside legal complexity. The firm’s role is to make the legal process clear, manageable, and responsive to your family’s real needs.
Why Miami Dade Families Choose Robinson & Casey
Robinson & Casey operates with a focused practice: guardianship and related matters only. This focus means the firm’s attorneys know Miami Dade probate judges, local filing procedures, and the nuances of the court system. You work directly with the attorneys handling your case—not paralegals or case managers—ensuring continuity and informed decision-making at every step.
The firm provides clear guidance on your options, realistic timelines, and transparent fee structure. Robinson & Casey understands the emotional weight of guardianship decisions and approaches each family’s situation with compassion and respect for the complexity involved.
Next Steps: Guardianship Consultation in Miami Dade
An initial consultation with Robinson & Casey begins with a thorough discussion of your family’s situation. The attorney will review your loved one’s medical, financial, and personal circumstances, explain the types of guardianship available, and outline the Miami Dade court process and timeline.
You’ll receive a clear explanation of fees, next steps, and what to expect. Robinson & Casey is ready to help you move forward with confidence.
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Frequently Asked Questions
What is the difference between plenary and limited guardianship?
Plenary guardianship grants full decision-making authority over all matters; limited guardianship grants authority only over specific decisions, preserving the person’s autonomy where possible.
How long does guardianship take in Miami Dade?
A standard guardianship petition typically takes 4–8 weeks from filing to court order; emergency temporary guardianship can be granted within days.
What medical evidence is required?
Florida law requires a physician’s affidavit or medical report documenting the alleged incapacitated person’s condition and capacity limitations.
Can guardianship be modified or terminated?
Yes; guardianship can be modified if circumstances change, or terminated if the ward regains capacity or no longer needs the arrangement.
What are a guardian’s ongoing responsibilities?
Guardians must file annual accountings, report on the ward’s condition, manage finances prudently, and comply with all court orders.
If you’re facing a guardianship decision for an aging parent, adult child, or family member in crisis, you’re not alone—families in your situation reach out to Robinson & Casey regularly. Schedule a consultation today or call (561) 849-4149 to discuss your guardianship needs with an attorney who knows Miami Dade courts and is ready to help.
Guardianship Services We Provide
Plenary Guardianship
Full decision-making authority over all matters affecting the ward's person and property.
Limited Guardianship
Authority over specific decisions only, preserving the individual's autonomy in other areas.
Emergency Temporary Guardianship
Immediate protective measures when urgent intervention is necessary.
Mental Health Guardianship
Guardianship focused on mental health decisions and treatment authorization.
Why Choose Robinson & Casey
Focused Practice
We focus exclusively on Marchman Act petitions and guardianship matters, serving families throughout South Florida and statewide.
Petition Preparation
We prepare and file guardianship petitions with attention to Florida court requirements and procedural detail.
Family-Centered Approach
We work with families to understand their circumstances and navigate the guardianship process.
Direct Access
Call us directly at (561) 849-4149 to discuss your guardianship matter with our firm.
Common Questions About Guardianship in Miami Dade
What is the difference between plenary and limited guardianship?
Plenary guardianship grants full decision-making authority over all matters; limited guardianship grants authority only over specific decisions, preserving the person's autonomy where possible.
How long does guardianship take in Miami Dade?
A standard guardianship petition typically takes 4–8 weeks, though timelines vary based on case complexity and court scheduling.
When is emergency temporary guardianship used?
Emergency temporary guardianship is sought when immediate protective action is necessary before a full guardianship hearing can be held.
What is mental health guardianship?
Mental health guardianship is a form of guardianship focused on decisions related to mental health treatment and psychiatric care.