Plenary Guardianship | South Florida
Full Guardianship for Complete Care and Decision-Making
When a loved one loses capacity, plenary guardianship gives you the legal authority to manage their personal, medical, and financial affairs. Robinson & Casey guides families through the court process.
By Richard J. Casey III, Esq. · Published October 02, 2026
Plenary Guardianship Attorney: Full Legal Authority Over Care & Finances
A plenary guardianship attorney helps families establish court-ordered full legal authority over an incapacitated person’s personal and financial decisions. Robinson & Casey handles plenary guardianship petitions, hearings, and ongoing court compliance for families across South Florida and statewide.
Under Florida Statutes Chapter 744, plenary guardianship grants one person complete decision-making power. The guardian controls healthcare, living arrangements, finances, and legal matters—all under court supervision.
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What Plenary Guardianship Covers
Plenary guardianship splits into two categories: personal guardianship and property guardianship.
Personal Guardianship Powers
A plenary guardian makes all personal decisions:
- Healthcare and medical treatment (surgery, psychiatric care, medication)
- Residential placement (assisted living, nursing homes, facilities)
- Education and vocational training for younger adults
- Social services and government benefits enrollment
- Daily living arrangements and care oversight
Property Guardianship Powers
A plenary guardian manages all financial and legal matters:
- Bank accounts, savings, and investments
- Real estate and property ownership
- Insurance policies and claims
- Bill payment and debt management
- Inheritance and estate administration
- Tax returns and financial reporting
Important Limitations
Even with plenary guardianship, the guardian cannot:
- Execute a new will without specific court authorization
- Make certain end-of-life decisions without court approval
- Act outside powers granted by the guardianship order
- Use the ward’s assets for personal benefit
Ongoing Court Duties
Guardians file annual accountings showing all income, expenses, and asset management. They file status reports and comply with Florida Statutes Chapter 744 requirements. The court retains oversight to protect the ward.
When Plenary Guardianship Is Necessary
Plenary guardianship becomes necessary when someone loses mental or physical capacity to care for themselves or manage their affairs. Common situations include:
- Severe cognitive decline from dementia or Alzheimer’s disease
- Traumatic brain injury with lasting disability
- Developmental disability affecting decision-making capacity
- End-stage illness or progressive neurological disease
- Severe mental health crisis requiring ongoing management
A plenary guardian can be a family member, professional guardian, or corporate entity (bank or trust company). The court appoints whoever it determines acts in the ward’s best interest.
The Plenary Guardianship Process: Step-by-Step
From petition filing to court order, the plenary guardianship process typically takes 4 to 8 weeks, depending on court docket and case complexity.
Step 1: Petition Preparation & Filing
An attorney prepares a guardianship petition with the proposed guardian’s information, detailed facts about incapacity, and medical evidence. The petition is filed in the county where the ward resides.
Step 2: Notice & Service
The court requires formal written notice to the respondent and all interested parties. This ensures due process and gives the respondent the right to respond or object.
Step 3: Court-Ordered Medical Evaluation
The court must receive medical evidence of incapacity before granting guardianship. The court typically orders an independent physician examination. The physician evaluates the ward’s capacity and provides a written report.
Step 4: Guardianship Hearing
The judge reviews the petition, medical evidence, and testimony. The respondent has the right to appear, present evidence, and be represented by counsel. If the court finds clear and convincing evidence of incapacity, the judge may grant guardianship.
Step 5: Guardianship Order & Appointment
If granted, the court issues a guardianship order naming the guardian and defining their powers.
Step 6: Letters of Guardianship
The court issues certified letters of guardianship. This document proves the guardian’s authority to banks, hospitals, schools, and government agencies.
Step 7: Ongoing Compliance
After appointment, the guardian files annual accountings, inventories assets, files status reports, and complies with court orders. The guardian may need to post a bond (unless waived) to protect the ward’s estate.
Have questions about what happened?
Ask our team directly. The first conversation is free, confidential, and there is no obligation to continue.
Plenary Guardianship vs. Limited Guardianship
Unlike limited guardianship, which grants authority over only specific areas, plenary guardianship covers everything. A plenary guardian makes healthcare decisions, chooses where the ward lives, manages all assets, pays bills, and handles legal matters—all under court supervision.
Robinson & Casey’s Approach to Plenary Guardianship
Robinson & Casey focuses exclusively on guardianship and Marchman Act matters. This focused practice means your case receives dedicated attention from attorneys who know Florida guardianship law and local court procedures.
Our firm is licensed to serve families across Florida, with deep roots in South Florida and Miami-Dade County. We maintain strong relationships with local courts and understand specific jurisdiction requirements. When you call, you speak directly with an attorney—not a referral service or intake coordinator.
We handle every step: petition drafting, court filing, hearing representation, and post-appointment guidance on guardian duties and annual filings. We ensure all work complies with Florida Statutes Chapter 744 and local court rules.
Common Questions About Plenary Guardianship
How is plenary guardianship different from power of attorney?
Power of attorney requires capacity to sign the document. Guardianship is court-imposed when capacity is lost and does not require the ward’s consent.
Can a family member be denied guardianship?
Yes, if the court finds the person unsuitable, if there is a conflict of interest, or if another qualified person objects.
What happens if the ward recovers capacity?
The guardian or the ward may petition the court to terminate guardianship. The court holds a hearing to decide whether restoration of rights is appropriate.
Are there costs involved?
Court filing fees, physician evaluation fees, and attorney fees apply. Costs vary by county and case complexity but are often recoverable from the ward’s estate if assets are available.
Does the guardian have to post a bond?
Often yes, unless the court waives the bond requirement. The bond protects the ward’s estate from mismanagement or theft.
How often must the guardian report to the court?
Guardians file annual accountings and status reports. The court may order more frequent reporting in complex cases or if concerns arise.
Want to know where you stand?
Tell us what happened and our team will walk you through the options available to you, at no cost.
Schedule Your Plenary Guardianship Consultation
When you call (561) 849-4700, an attorney will discuss your situation, the person’s incapacity, and your guardianship goals. We’ll explain the process, answer your questions, and tell you what documents and information we’ll need.
At your consultation, bring medical records, financial information, and details about the person’s living situation and family circumstances. We’ll review everything, explain your options, and prepare a guardianship petition tailored to your case and Florida law.
Once filed, we represent you at the guardianship hearing and guide you through post-appointment duties. You won’t navigate this alone.
Schedule a consultation today or call (561) 849-4700 to speak with an attorney about your plenary guardianship needs.
The Plenary Guardianship Process
Petition and Filing
We prepare and file a petition with the court, naming the proposed ward and explaining why plenary guardianship is necessary. Medical evidence of incapacity is submitted to support the request.
Court Hearing
The court reviews the petition, hears testimony, and examines medical documentation. The proposed ward has the right to be present and to contest the guardianship.
Guardian Appointment
If the court finds clear and convincing evidence of incapacity, it appoints a guardian with full authority over personal, medical, and financial decisions for the ward.
Ongoing Duties
Guardians file annual accountings and reports with the court, manage the ward's assets, and make decisions in their best interest. We help you meet these legal obligations.
Why Plenary Guardianship Matters
Full Legal Authority
Plenary guardianship grants comprehensive power to make all personal, medical, and financial decisions on behalf of the ward when they cannot do so themselves.
Court-Ordered Protection
Unlike power of attorney, guardianship is court-imposed and does not require the ward's consent or capacity to sign documents.
Family Peace of Mind
A court order clarifies decision-making authority, prevents disputes among family members, and ensures decisions are made in the ward's best interest.
Fiduciary Accountability
Guardians are bound by law to act in the ward's interest and must file regular accountings with the court, creating a transparent record of care and finances.
Plenary vs. Limited Guardianship
Plenary guardianship grants full authority over all decisions. Limited guardianship restricts the guardian's powers to specific areas, allowing the ward to retain some decision-making rights. The court determines which form is appropriate based on the ward's abilities and needs.
Common Questions About Plenary Guardianship
How is plenary guardianship different from power of attorney?
Power of attorney requires the person to have capacity to sign the document. Guardianship is court-imposed when capacity is lost and does not require the ward's consent.
Can a family member be denied guardianship?
Yes. The court may find a proposed guardian unsuitable, may identify a conflict of interest, or may determine that another qualified person is better suited to serve as guardian.
What happens if the ward recovers capacity?
Guardianship can be terminated by court order if the ward regains capacity. We can petition the court to modify or end the guardianship when circumstances change.
What are a guardian's legal duties?
Guardians must act in the ward's best interest, manage their finances prudently, file annual reports with the court, and make decisions about medical care, living arrangements, and personal matters.