Limited Guardianship Attorneys Serving Miami-Dade Families

A limited guardianship is a Florida court order that gives a guardian power over only the decisions the judge names. The person keeps every right the court does not take away. This page introduces how guardianship petitions are handled, how this type of matter can differ from other guardianships, and what to bring to a first conversation. Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters, serving families in Miami-Dade, across South Florida, and statewide.

What Is a Limited Guardianship, and Who Is It For?

A limited guardianship gives a guardian only the powers the court lists in its order. Under § 744.102(9)(a), the court must first find that the person lacks capacity to do some, but not all, of the tasks needed to care for his or her person or property.

This route may fit when the concern covers one area, such as paying bills, choosing medical treatment, or deciding where the person lives. The person keeps the rights the court does not remove. § 744.3215(1) lists rights a person keeps, including the right to counsel and to be restored to capacity at the earliest possible time.

The court must also find, by clear and convincing evidence, the exact nature and scope of the person’s incapacities. § 744.331(6) sets that standard. The judge makes the final call on scope, and no outcome can be promised.

What Does Representation Cover?

Representation covers each step from the first fact review to the court’s order defining the guardian’s powers. A typical engagement includes:

• Fact review. We look at the person’s current situation, the decisions at issue, and the family’s goals.
• Alternatives check. The petition must explain why alternatives, such as a power of attorney or advance directive, are not enough. See § 744.334(1).
• Verified petition. § 744.3201(2) lists what the petition must state, including the rights the person cannot exercise and the next of kin.
• Notice. § 744.3371(1) requires notice of a later guardianship hearing to the person, the person’s attorney, and next of kin.
• Proposed order. The order should list specific powers. Under § 744.345, letters of limited guardianship must state the guardian’s powers and duties.

Filing fees, service costs, and any evaluation costs are reviewed with you at the consultation, so you know what you may owe.

How Does the Process Work, Step by Step?

The process moves from a first conversation to a petition, notice, a court-appointed examination, and a hearing. The judge controls the schedule, so timing varies.

1. Consultation. We review your concern and the documents you bring.
2. Document review. We check any existing powers of attorney, advance directives, and medical records.
3. Filing. The verified petition goes to the circuit court.
4. Examining committee. Under § 744.331(3)(a), the court is directed to appoint a three-member committee within 5 days after the petition is filed, with one member a psychiatrist or other physician, as the statute reads. The actual calendar depends on the court.
5. Notice and hearing. The judge decides whether the statutory standard is met and which powers to grant. The outcome is up to the court.
6. Letters and reports. Under § 744.362(1), a guardian must file an initial guardianship report within 60 days after letters are signed.

Limited, Plenary, and Emergency Temporary Guardianship Compared

A limited guardian holds only the listed powers, while a plenary guardian may hold all delegable powers after a finding of total incapacity.

• Limited guardianship. Powers are limited to the areas the court lists. The person keeps the rest.
• Plenary guardianship. Under § 744.102(9)(b), a plenary guardian may exercise all delegable legal rights and powers after the court finds the person cannot perform all the necessary tasks.
• Emergency temporary guardianship. Under § 744.3031(1), the court may appoint one only if it finds imminent danger to the person’s health or safety, or to property, unless immediate action is taken. Under § 744.3031(4), that authority expires 90 days after appointment or when a guardian is appointed, whichever comes first.

Mental health guardianship and involuntary commitment for addiction have their own rules. Those matters are separate from a limited guardianship and are not covered in full here.

Why Families Work with Robinson & Casey

Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. That keeps the firm’s work inside two areas of Florida law.

Each matter starts with a fact-based review of the family’s concern, the documents available, and the specific powers a petition would request. The firm does not promise a result.

The firm serves families in Miami-Dade, across South Florida, and statewide. If another lawyer or firm is a better fit for part of a matter, the firm will say so.

Common Questions Before You Call

Talk to Robinson & Casey About Your Family’s Situation

If your parent can no longer pay bills or make medical choices, a consultation can show whether a limited guardianship petition fits. Call (561) 849-4149 or request a consultation today.

Before you call, gather these items:

• Name, age, and address of the person, and of each next of kin, with birth dates for any minors (§ 744.3201(2)).
• Name of the attending or family physician, if known.
• Any power of attorney, advance directive, or prior guardianship papers.
• A short list of the decisions that worry you most.