{"id":12159,"date":"2026-10-24T12:27:51","date_gmt":"2026-10-24T12:27:51","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/guardianship-attorney\/how-to-establish-guardianship-in-florida\/"},"modified":"2026-10-27T14:36:48","modified_gmt":"2026-10-27T14:36:48","slug":"how-to-establish-guardianship-in-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/guardianship-attorney\/how-to-establish-guardianship-in-florida\/","title":{"rendered":"How to Establish Guardianship in Florida: A Guide"},"content":{"rendered":"\n
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Guardianship Guidance | Miami-Dade and South Florida<\/p>

How to Establish Guardianship in Florida: A Clear Starting Point for Families<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Call (561) 849-4149 to schedule a free consultation.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 24, 2026<\/p>\n\n

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To establish guardianship in Florida, someone asks a court to decide whether an adult can still make certain decisions.<\/p>\n

Families usually start here during a hard stretch. A parent may be missing bill payments or making unsafe choices. A relative may be recovering from a stroke or a serious injury. Someone may be in a mental health or substance use crisis. Each situation raises the same question: who will make decisions now?<\/p>\n

Richard J. Casey III, Esq. is the responsible lawyer for this page. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida, and across Florida.<\/p>\n

What Establishing a Guardianship in Florida Means<\/h2>\n

A guardianship is a court case where a judge appoints someone to make decisions for an adult found to be incapacitated. The court makes that finding, not the family. Before the hearing, the adult is called the “alleged incapacitated person.” After appointment, the adult is called the “ward.”<\/p>\n

Two questions drive the case. First, can the adult still exercise certain rights? Second, if not, who should act for them? The judge answers both under the statute, after reviewing evidence and reports.<\/p>\n

According to the Polk County Clerk of Court’s guardianship page<\/a>, Florida procedures include an incapacity evaluation, examining-committee reports, court hearings, and guardian appointment. This guide follows those stages in order.<\/p>\n

Families reach this step for different reasons. A parent’s memory or judgment may be slipping. A relative may be unable to manage money or medical choices after an injury or stroke. A family member may have a mental health condition, or a loved one may be in a substance use crisis.<\/p>\n\n

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If a parent or relative can no longer make safe decisions, you don't have to sort out the court steps alone; call (561) 849-4149 to talk through your facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Guardianship or Power of Attorney: Deciding Whether Guardianship Fits<\/h2>\n

Guardianship fits only when the court finds that no alternative will sufficiently address the adult’s problems. When a court finds an adult cannot exercise certain rights, it must consider whether an alternative will work.<\/p>\n

The statute names several alternatives. They include an advance directive, a durable power of attorney under chapter 709, a representative payee, and a trust. The petition must explain why a guardian advocate or other alternatives are not enough. See Fla. Stat. \u00a7 744.334<\/a>.<\/p>\n

A power of attorney is different from guardianship. A guardianship is a court order. It removes rights from the adult and gives some of them to a guardian.<\/p>\n

Families also ask about the downsides. A guardianship brings court supervision. The guardian must file reports and accountings. Rights the court removes move away from the adult. The adult keeps several rights, including the right to an annual review of the guardianship report and plan under Fla. Stat. \u00a7 744.3215<\/a>.<\/p>\n

Weigh those costs against what a less formal option would do. Under \u00a7 744.3215<\/a>, without first obtaining specific authority from the court, a guardian may not commit the ward to a facility, institution, or licensed service provider without formal placement proceeding.<\/p>\n

Who Can File and Where the Petition Goes<\/h2>\n

An adult may sign the petition to determine incapacity. An adult child, spouse, or sibling can therefore file it. Filing for a parent is common.<\/p>\n

The petition must state the petitioner’s relationship to the adult. It must also list the names and addresses of the adult’s next of kin, so far as they are known. The petition is filed with the court that handles the incapacity case.<\/p>\n

Who can serve as guardian is a separate question. Under Fla. Stat. \u00a7 744.309<\/a>, any Florida resident who is 18 or older and sui juris (legally able to manage their own affairs) can serve. A person convicted of a felony cannot be appointed.<\/p>\n

The court also looks at family ties. Fla. Stat. \u00a7 744.312<\/a> says that if a standby or preneed guardian cannot be appointed, the court may appoint a fit and proper person and gives preference to a person who is related by blood or marriage to the ward, has relevant educational, professional, or business experience, can manage the financial resources involved, or can meet the law’s requirements and the case’s unique needs. The court must also consider the wishes the adult expressed about who should serve.<\/p>\n

Preparing the Petition and Required Documents<\/h2>\n

The petition to determine incapacity must include specific facts. Fla. Stat. \u00a7 744.3201<\/a> lists what it must contain:<\/p>\n