Guardianship Attorney Serving Miami-Dade Families

Guardianship Attorney in Miami-Dade and South Florida

A guardianship attorney helps a family ask a Florida court to appoint a guardian for an adult who cannot safely make certain decisions alone. The court makes the final decision. The attorney prepares the petition, handles required notices, and represents the petitioner at the hearing. Robinson Casey limits its practice to guardianship and Marchman Act matters. The firm serves families in Miami-Dade, across South Florida, and statewide.

Who This Guardianship Service Is For

This service is for families who need a court to decide whether an adult lacks the capacity to manage some property or meet some essential health and safety needs.

Common readers include:

• Adult children of a parent whose memory, health, or judgment has declined
• Spouses who need court authority to handle medical or financial decisions
• Relatives of an adult whose mental health condition affects their safety
• Family members of someone with substance use who may need a Marchman Act petition (covered below)

The petition has strict content rules. The petitioner must verify it and state whether the person needs a plenary or limited guardian. It must also explain why a guardian advocate or other alternatives are not enough, under the petition content rules. Your attorney drafts and files this petition with you.

Guardianship Types Covered by Robinson Casey

The main types are plenary, limited, emergency temporary, and mental health guardianship. The court decides which type fits, and it sets the scope of the powers.

• Plenary guardianship. A plenary guardian may use all delegable rights and powers of the ward. The court must first find the ward cannot perform all tasks needed to care for their person or property.
• Limited guardianship. A limited guardian gets only the powers the court names in its order. The court must find the ward lacks capacity for some, but not all, of those tasks.
• Emergency temporary guardianship. A court may appoint a temporary guardian after an incapacity petition is filed. It must first find imminent danger to health, safety, or property unless immediate action is taken, as set out in the emergency temporary guardianship statute. The statute says the court must appoint counsel for the alleged incapacitated person. Its authority expires 90 days after appointment 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 label applies when the alleged incapacity comes from a mental health condition.

Marchman Act Petitions and Involuntary Commitment for Addiction

A Marchman Act petition asks a court to order involuntary assessment and treatment for an adult with a substance abuse impairment. Filing a petition does not decide the case. The court weighs the evidence at a hearing.

A petition for involuntary treatment services for an adult may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment, as set out in who may file a petition. The petition must state why the petitioner believes the respondent is impaired and has lost self-control. It must also explain the risk of harm or the impaired judgment, per petition contents.

If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days. That order is at the court’s discretion, under the court treatment order rules. In the Fifth District ruling, the court noted that the trial court failed to follow the applicable statute by essentially functioning as the absent petitioner. Some matters may be referred to another lawyer or firm. If that happens, Robinson Casey will tell you.

How the Guardianship Process Works: Steps and What to Expect

A guardianship case usually moves through an intake meeting, a verified petition, a court-ordered examination, and a hearing. The court controls the schedule, so dates can shift.

1. Consultation. Review the person’s condition and any existing documents, such as a durable power of attorney or advance directive. The statute treats these as alternatives to guardianship.
2. Gather information. Collect medical records, property details, and background on the proposed guardian. The petition must say whether that person is a professional guardian.
3. File the petition. The petition must state whether a willing and qualified guardian cannot be located.
4. Examining committee. The statute says the court must appoint a three-member committee within 5 days after the petition is filed. One member must be a psychiatrist or other physician, per the examination committee rules. Reports go to the petitioner and the attorney at least 10 days before the hearing, unless the parties waive that requirement.
5. Hearing. The court decides whether the person is incapacitated and what powers a guardian should have. The person keeps the right to counsel and to notice of the proceedings.
6. After appointment. A guardian of the person files an annual guardianship plan. A guardian of the property files an annual accounting. The judge may impose sanctions if a report is late, under section 744.367.

Guardianship Costs: What a Fee Quote Should Disclose

A fair fee quote lists every cost the family may owe, not just the attorney’s rate. Ask for the full list in writing before you agree to anything.

• Attorney fees and how they are billed
• Court filing fees and service costs
• Examining committee and assessment costs
• A bond, if the court requires one for an emergency temporary guardian of property
• Accounting and reporting costs after appointment

Fees and court costs vary by matter. Robinson Casey will explain its fees and what they include during the consultation.

Why Robinson Casey: A Limited Practice Focus and How to Compare Attorneys

Robinson Casey limits its practice to guardianship and Marchman Act matters. That focus keeps the firm’s work tied to these two areas of Florida law. The firm does not claim any state bar certification.

When you compare attorneys, ask these questions:

• How much of your practice involves guardianship and Marchman Act work?
• Who will work on my file, and who will I speak with?
• How will you explain fees and costs in writing?
• How will you handle a matter that should go to another lawyer?
• What will you not promise?

No attorney can promise what a court will decide. Be cautious with anyone who says otherwise.

Frequently Asked Questions and Next Step