Plenary Guardianship Attorney Serving South Florida

Plenary Guardianship Attorney in Miami-Dade

Plenary guardianship grants you full legal authority to make medical, financial, residential, and personal-care decisions for an incapacitated adult or minor who cannot manage their own affairs. Robinson & Casey helps Miami-Dade families establish and administer plenary guardianships under Florida law, guiding you through the court process from petition to ongoing compliance.

What Is Plenary Guardianship and Who Needs It?

Plenary guardianship gives the guardian (you) complete legal control over the ward’s (the protected person’s) person and estate, covering all major life decisions.

Plenary guardianship is appropriate when someone lacks the capacity to make safe or sound decisions about their medical care, finances, living situation, or daily life. This includes:

• Elderly adults with dementia or Alzheimer’s disease who can no longer manage their finances or consent to medical treatment
• Adults who have suffered a stroke or brain injury and cannot communicate their wishes or understand their circumstances
• Adults with severe mental illness who lack insight into their condition and refuse necessary treatment
• Adults struggling with addiction who are unable to protect their assets or make rational decisions about their health and safety
• Adults with developmental disabilities who have never had the capacity to manage their own affairs
• Minors without living parents or whose parents are unable to provide care

Unlike limited guardianship (which grants only specific powers), plenary guardianship covers all decisions. Unlike emergency temporary guardianship (which lasts 60 days), plenary guardianship is ongoing until the ward recovers capacity, dies, or the court terminates it.

Florida Statute Chapter 744 governs guardianship law in Florida. Miami-Dade County Circuit Court handles all guardianship petitions filed in the county.

What Plenary Guardianship Covers

Plenary guardianship gives you authority over both the ward’s person and their estate.

Personal guardianship includes: – Medical decision-making: consenting to surgery, medication, psychiatric treatment, and end-of-life care – Living arrangements: choosing where the ward lives (home, assisted living, facility) – Daily care: arranging for food, clothing, hygiene, and personal support – Education and training: enrolling the ward in programs or services – Social and recreational activities: decisions about the ward’s daily life and well-being

Property guardianship includes: – Managing bank accounts, investments, and real estate – Paying bills and managing debts – Collecting income from employment, Social Security, or other sources – Protecting assets from fraud, misuse, or exploitation – Making financial decisions in the ward’s best interest

Legal representation: You act as the ward’s legal proxy in court and with third parties (banks, healthcare providers, government agencies).

Ongoing court compliance: You must file annual accountings (detailed financial reports) and status reports with the court, documenting how you’ve managed the ward’s affairs and their current condition.

How the Plenary Guardianship Process Works in Miami-Dade

The guardianship process typically takes 4–8 weeks from filing to court order.

Step 1: Initial Consultation
You meet with Robinson & Casey to discuss the ward’s situation, capacity concerns, family dynamics, and your goals. The attorney explains your options—including limited guardianship, power of attorney, and healthcare surrogacy—and determines whether plenary guardianship is the right choice.

Step 2: Petition Preparation
The firm prepares the guardianship petition, which includes: – Information about the proposed ward (age, residence, family) – Description of the ward’s incapacity and why guardianship is necessary – Your background and relationship to the ward – Names of all interested parties (spouse, adult children, other family) – Medical evidence requirements

Step 3: Medical Evidence
Florida law requires a physician’s affidavit or court-ordered capacity evaluation confirming the ward’s incapacity. Robinson & Casey coordinates with the ward’s doctor or arranges for an independent evaluation.

Step 4: Filing with Miami-Dade Court
The petition is filed in Miami-Dade County Circuit Court. Notice is served on the ward and interested family members per Florida statute. The court assigns a case number and schedules a hearing.

Step 5: Court Hearing
The judge reviews the petition, examines medical evidence, and may hear testimony from you, family members, or the ward. The court must find clear and convincing evidence of incapacity before appointing a guardian. The ward has the right to contest the petition and be heard in court.

Step 6: Guardianship Order
If the court approves, it issues an order appointing you as guardian and issues letters of guardianship—official documents proving your authority. You are sworn in and can begin acting on the ward’s behalf.

Step 7: Ongoing Administration
As guardian, you manage the ward’s medical care, finances, and daily life. You must file annual accountings with the court, documenting all income, expenses, and asset management. You may also file status reports on the ward’s condition and living situation.

Alternatives to Plenary Guardianship

Plenary guardianship is powerful but also restrictive—it removes the ward’s legal rights and requires ongoing court oversight. Before pursuing it, consider whether a less restrictive option meets your needs.

Limited guardianship: The court grants you only specific powers (e.g., medical decisions only, or financial management only). The ward retains other rights and decision-making authority. This is appropriate when the ward has some capacity in certain areas.

Durable power of attorney: If the person is still competent, they can sign a legal document naming you to make financial or medical decisions if they later become incapacitated. This avoids court involvement and preserves the person’s dignity and autonomy while they can still act.

Healthcare surrogate designation: A competent person names someone to make medical decisions if they become unable to do so. This is simpler than guardianship and focuses only on healthcare.

Living will or advance directive: A document expressing the person’s wishes for end-of-life care and medical treatment, honored by healthcare providers without court involvement.

Representative payee or conservatorship: For managing Social Security benefits or other specific income without full guardianship.

Plenary guardianship is necessary when: – The person lacks capacity to execute legal documents (power of attorney, healthcare surrogate) – The person cannot communicate their wishes or understand their circumstances – Comprehensive control over both person and estate is needed to protect them – The person is at risk of exploitation or harm without full legal authority

Why Miami-Dade Families Choose Robinson & Casey

Focused practice area: Robinson & Casey handles only Marchman Act petitions and guardianship matters—no other practice areas. This focus means deep knowledge of Florida guardianship law, Miami-Dade court procedures, local judges, and the specific forms and deadlines the court requires.

Years serving South Florida families: The firm has guided families through straightforward guardianships, emergency situations, contested hearings, and ongoing administration. This experience means fewer surprises and faster resolution.

Bilingual accessibility: All consultations, documents, and court communication are available in Spanish and English. The firm serves the Miami-Dade community directly, not as an afterthought.

Clear step-by-step process: You understand what happens at each stage, what documents you’ll need, what the court hearing involves, and what your responsibilities are as guardian. No confusion or hidden steps.

Coordination with medical professionals: The firm works with the ward’s physician or arranges independent capacity evaluations, ensuring the medical evidence meets Florida statutory requirements.

Ongoing support after establishment: Many families need help with annual accountings, status reports, modifications to the guardianship order, or termination if the ward recovers. Robinson & Casey provides this continuity.

Frequently Asked Questions About Plenary Guardianship in Miami-Dade

Key Florida Guardianship Law and Requirements

Florida Statute Chapter 744 sets out all guardianship requirements. The court must find clear and convincing evidence of incapacity—a high legal standard—before appointing a guardian. Guardians must file annual accountings and status reports; failure to do so can result in court sanctions or removal. The ward retains certain rights (to vote, marry, or contest the guardianship) unless the court specifically removes them.

Next Steps: Schedule Your Free Consultation

If you’re facing a guardianship decision, Robinson & Casey can help you understand your options and guide you through the process.

To get started: – Call (561) 849-4700 to schedule a free consultation – Bring relevant documents: medical records, financial information, family background, and any prior legal documents – The attorney will explain your options, outline the guardianship process, and provide a clear fee estimate – Robinson & Casey will handle the petition, court filings, and representation throughout the process

If you’re caring for an incapacitated adult or minor and need full legal authority to make medical and financial decisions on their behalf, families in your situation reach out to Robinson & Casey regularly—call (561) 849-4700 to schedule a free consultation.