Limited guardianship, shaped around what your family member needs

A limited guardianship in Florida gives a guardian power over only the decisions the judge lists in the court order. The person keeps every right the court does not remove. Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters.

What a Limited Guardianship Is and Who It Is For

A limited guardianship is a court-ordered arrangement for an adult who needs help with some decisions but not all.

Families who look at this option often include adult children, spouses, and other relatives. The concern may be memory decline, a developmental disability, or a health condition that affects money management or medical choices but leaves other areas intact.

Limited guardianship is one option among several. The petition must explain why alternatives, such as a durable power of attorney or a trust, are insufficient (Fla. Stat. § 744.334). The judge decides whether a limited guardianship fits.

What a Limited Guardianship Covers

The court’s written order sets the scope, and the guardian may use only the powers it grants. A guardian of an incapacitated person is a fiduciary and may exercise only the rights removed from the ward and delegated to the guardian (Fla. Stat. § 744.361). The letters of guardianship must state whether the guardianship is limited and list the guardian’s powers and duties (Fla. Stat. § 744.345).

Rights a court may remove and delegate include the right to contract, manage property, apply for government benefits, determine residence, make health care decisions, and make decisions about social environment (Fla. Stat. § 744.3215). The order can be narrow. For example, a court might give a guardian authority over health care decisions only.

Some rights stay with the person unless the court removes them. A person who has been determined to be incapacitated retains certain rights, including the right to counsel, access to the courts, and privacy. Voting, driving, and travel can be removed by the order but are never handed to a guardian.

A guardian cannot commit the ward to a facility without a formal placement proceeding and specific court authority (Fla. Stat. § 744.3215).

How the Florida Limited Guardianship Process Generally Works

The process starts with a verified petition. If the court grants it, the case ends with letters of guardianship that list the powers granted. Timing depends on the court and the case.

1. Consultation and fact-gathering. We review the person’s situation, existing documents, and family members, and identify which decisions are at issue.
2. Verified petition. The petition must state the extent of guardianship desired, the proposed guardian’s reasons, and why alternatives are insufficient.
3. Notice. The petition must be served on and read to the alleged incapacitated person. Notice also goes to that person’s attorney and to next of kin named in the petition (Fla. Stat. § 744.331).
4. Hearing and order. The court must find incapacity on clear and convincing evidence. It may remove only the rights the person cannot exercise (Fla. Stat. § 744.331). The judge makes the final call.
5. Letters and initial report. If granted, letters issue. The guardian must file an initial report within 60 days after the letters are signed (Fla. Stat. § 744.362).

Limited, Plenary, Emergency Temporary, and Mental Health Guardianship Compared

A limited guardian holds only the powers the order lists. A plenary guardian may exercise all delegable rights after the court finds the person lacks capacity for all tasks needed for care (Fla. Stat. § 744.102).

• Limited: targeted authority.
• Emergency temporary: a separate request for short-term authority with its own requirements. We review the facts before recommending a path.
• Mental health guardianship: a guardianship tied to a mental health condition, with its own evidence and requirements.
• Involuntary commitment for addiction: a Marchman Act process under Chapter 397, separate from guardianship. Our practice covers Marchman Act petitions.

Duties of a Florida Guardian and What Families Should Expect Afterward

A guardian must follow the court’s order and keep clear records. The guardian of property must keep clear, distinct, and accurate records of the ward’s property (Fla. Stat. § 744.361).

• Initial report: due within 60 days after letters are signed. For a guardian of the person, it is an initial guardianship plan (Fla. Stat. § 744.362).
• Objections: interested persons, including the ward, may file written objections within 30 days after an annual report is filed (Fla. Stat. § 744.367).
• Restoration: any interested person, including the ward, may file a suggestion of capacity. The court must give it priority (Fla. Stat. § 744.464).

Start early by gathering bank statements, benefit letters, insurance details, and medical records. Keep receipts for every payment made for the ward.

Why Families Work With Robinson Casey

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters. Our work covers Marchman Act petitions, emergency temporary, plenary, limited, and mental health guardianship, and involuntary commitment for addiction.

We serve families in Miami-Dade, South Florida, and across Florida. We do not promise results.

If a matter should go to another lawyer or firm, we will tell you before you decide anything. Robinson Casey is the firm responsible for this page.

Frequently Asked Questions About Florida Limited Guardianship