Guardianship Legal Representation for South Florida Families

Guardianship Attorney in South Florida

Guardianship is a court-supervised legal arrangement. One person makes decisions for another who cannot make them independently. Robinson & Casey handles guardianship petitions exclusively across South Florida—from emergency temporary guardianship to long-term plenary and limited guardianship—helping families in Miami-Dade, Broward, Palm Beach, and statewide navigate Florida’s guardianship process.

What Is Legal Guardianship in Florida?

Guardianship under Florida Statutes Chapter 744 is a legal relationship. A court appoints a guardian to make personal, medical, and financial decisions for a ward—the person needing protection—who is incapacitated or a minor. Incapacity means the person lacks the mental or physical ability to manage their health care, property, or personal affairs.

Guardianship becomes necessary when:

• An adult loses decision-making capacity due to dementia, stroke, brain injury, or mental illness
• A minor needs protection of their estate or person after a parent’s death
• Someone struggles with severe substance use disorder and cannot make safe treatment choices
• A family member cannot manage medical decisions in an emergency

Guardianship differs from power of attorney or healthcare proxy. A power of attorney is voluntary and signed by a capable adult. Guardianship is court-ordered when someone cannot consent. Guardianship also provides court oversight. A guardian must file annual accountings and follow strict legal duties.

Types of Guardianship We Handle

Emergency Temporary Guardianship

Emergency temporary guardianship is a fast-track court order. It appoints a guardian without a full hearing when imminent danger exists to the ward’s health, safety, or welfare. Under Florida Statutes Chapter 744, a judge may grant temporary guardianship ex parte (without the ward or other parties present) if evidence shows urgent need.

When it applies: A family member is in acute crisis—severe mental health episode, dangerous substance use, imminent self-harm, or sudden incapacity—and immediate protective decisions are required.

Duration: Temporary guardianship typically lasts 60 days. A full guardianship petition must be filed for permanent appointment.

Plenary Guardianship

Plenary guardianship grants the guardian full authority over the person and/or estate of an incapacitated adult. The guardian makes all medical, personal, and financial decisions.

When it applies: The ward has severe, permanent incapacity and needs comprehensive decision-making authority.

Duration: Continues until the ward regains capacity (rare) or passes away, unless modified by court order.

Limited Guardianship

Limited guardianship grants specific powers only. It preserves the ward’s remaining rights and autonomy. For example, a guardian might have authority over medical decisions but not financial matters.

When it applies: The ward retains some decision-making capacity in certain areas. The American Bar Association Commission on Law and Aging recommends limited guardianship as a less-restrictive alternative when full authority is not necessary.

Duration: Same as plenary guardianship; continues until modified or terminated.

Mental Health Guardianship

Mental health guardianship focuses on medical and mental health decisions. It is for someone with serious mental illness who cannot consent to treatment. It may be paired with involuntary commitment under Florida’s Marchman Act for substance use disorder.

When it applies: The ward has a diagnosed mental health condition or addiction and needs a guardian to authorize psychiatric care, medication, or inpatient treatment.

Duration: Typically long-term; reviewed periodically by the court.

How the Florida Guardianship Process Works

The guardianship process in South Florida follows a structured court procedure.

Step 1: Initial Consultation and Case Evaluation

You meet with our attorney to discuss your family’s situation. We explain your options, answer questions, and help you decide whether guardianship is the right path or whether alternatives might work.

What to bring: Medical records, recent hospital or psychiatric evaluations, financial documents (if estate guardianship is needed), and any existing legal documents.

Step 2: Petition Preparation and Filing

We draft the guardianship petition—the formal legal document filed with the court. The petition names the proposed ward, describes their incapacity, names the proposed guardian, and requests the guardianship type sought. We handle all paperwork and file it with the appropriate county court.

What’s included: Legal description of the ward’s condition, reason for guardianship, and the guardian’s qualifications.

Step 3: Physician Certification and Medical Evaluation

Florida law requires a physician’s written certification of incapacity. We coordinate with the ward’s doctor or arrange an independent medical evaluation if needed. The physician must examine the ward and provide a detailed report to the court.

Timeline: This step typically takes 1–3 weeks, depending on physician availability.

Step 4: Notice and Publication

The court requires notice to the ward, family members, and sometimes publication in a local newspaper. We handle all notice requirements and ensure compliance with Florida court rules.

What happens: The ward receives formal notice of the guardianship petition and has the right to object or request a hearing.

Step 5: Court Hearing and Appointment

If the ward or other interested parties do not object, the judge may appoint the guardian without a hearing. If there is objection or if the judge requires a hearing, we represent you at court. We present evidence of incapacity and explain why guardianship is necessary.

Duration: A hearing typically lasts 30 minutes to 1 hour.

Step 6: Guardian Appointment and Ongoing Duties

Once the judge signs the Order of Guardianship, you are officially appointed guardian. The court issues Letters of Guardianship, which you use to access the ward’s medical records, bank accounts, and make decisions on their behalf.

Ongoing responsibilities: If you have guardianship of the estate, you must file an annual accounting with the court showing all income, expenses, and assets. You must act in the ward’s best interest and follow all court orders.

Timeline: From filing to appointment, the process typically takes 4–8 weeks for routine cases. Emergency temporary guardianship can be granted within days.

Do You Need a Guardianship Attorney?

Guardianship law is complex. Florida courts require strict compliance with procedural rules, proper notice, physician certification, and detailed documentation. Mistakes—missing deadlines, incomplete petitions, or procedural errors—can delay or derail your case.

You should hire an attorney if:

• You are unsure whether guardianship is necessary or what type to pursue
• The ward’s incapacity is contested or unclear
• Multiple family members have different views on guardianship
• The ward has significant assets or complex financial matters
• You need emergency temporary guardianship quickly
• You want to avoid court delays and ensure proper filing

Risks of handling guardianship without an attorney:

• Incomplete or improperly drafted petitions rejected by the court
• Missing deadlines for notice, publication, or physician certification
• Failure to comply with court rules, leading to dismissal
• Disputes with family members or the ward that require court intervention
• Personal liability if you act without proper court authority

What Our Guardianship Representation Includes

Full case evaluation: We assess your situation, recommend the appropriate guardianship type, and explain the process and costs.

Petition drafting and filing: We prepare all legal documents and file them with the court, ensuring compliance with Florida rules.

Medical coordination: We work with physicians to obtain required incapacity certifications and medical documentation.

Court representation: We represent you at all hearings and communicate with the court on your behalf.

Ongoing guidance: We explain your duties as guardian, help you understand annual accounting requirements, and advise on modifications or termination if circumstances change.

Bilingual service: We serve Spanish-speaking and English-speaking families across South Florida with culturally informed counsel.

Statewide availability: While based in South Florida, we handle guardianship cases across Florida.

Why Choose Robinson & Casey

Robinson & Casey focuses exclusively on guardianship and Marchman Act matters. We are not a general practice firm offering guardianship as one service among many. This focus means:

• Deep familiarity with Miami-Dade, Broward, and Palm Beach court systems
• Years of experience handling guardianship cases for South Florida families
• Direct attorney involvement in every case—no delegation to paralegals or junior staff
• Clear, transparent communication about costs, timeline, and next steps
• Understanding of South Florida’s diverse family structures and languages
• Practical knowledge of what courts in your county expect and require

Frequently Asked Questions About Guardianship in South Florida

Ready to Protect Your Family Member?

If you’re facing a guardianship decision for a family member—whether due to incapacity, addiction, or a minor’s protection—you don’t have to navigate the court process alone. Families in your situation reach out to us regularly.

Call Robinson & Casey today at (561) 849-4700 to schedule your consultation. We serve Miami-Dade, Broward, Palm Beach, and all of South Florida. Let’s talk about what guardianship means for your family and how we can help.