{"id":12493,"date":"2026-10-26T03:08:03","date_gmt":"2026-10-26T03:08:03","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/emergency-temporary-guardianship-florida\/how-to-become-a-legal-guardian-of-an-adult-in-florida\/"},"modified":"2026-10-27T14:34:44","modified_gmt":"2026-10-27T14:34:44","slug":"how-to-become-a-legal-guardian-of-an-adult-in-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/emergency-temporary-guardianship-florida\/how-to-become-a-legal-guardian-of-an-adult-in-florida\/","title":{"rendered":"How to Become a Legal Guardian of an Adult in Florida"},"content":{"rendered":"\n
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Guardianship Matters | South Florida and Statewide<\/p>

How to Become a Legal Guardian of an Adult in Florida<\/h1>

Robinson Casey focuses on guardianship and Marchman Act matters for families across South Florida and statewide. Learn the steps, the types of guardianship and what to expect from the court process.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 25, 2026<\/p>\n\n

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A Florida court can appoint a legal guardian for an adult who can no longer make safe decisions. Guardianship cases in Florida involve specific legal procedures, and the details depend on the facts of each situation. It starts with a verified petition, moves to an incapacity review, and ends with a court order and letters of guardianship.<\/p>\n

This page walks through each step using the current statute text. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade and across South Florida.<\/p>\n

Who Can Become a Legal Guardian of an Adult in Florida?<\/h2>\n

Under Florida law, any resident of this state who is sui juris<\/em> and 18 years of age or older is qualified to act as guardian of a ward. Fla. Stat. \u00a7 744.309<\/a> reads: “(b) No judge shall act as guardian after this law becomes effective, except when he or she is related to the ward by blood, marriage, or adoption, or has maintained a close relationship with the ward or the ward\u2019s family, and serves without compensation.” Sui juris<\/em> means legally able to manage your own affairs.<\/p>\n

Being qualified does not mean being chosen. The judge makes the final decision. The court must consider the wishes the adult expressed about who should serve. It must also look for possible disqualifications and conflicts of interest.<\/p>\n

A person can be disqualified for several reasons. Examples include a felony conviction, an illness or incapacity that keeps them from doing the job, or being otherwise unsuitable. Except as provided in subsections (5) and (6), a person who provides substantial services to the adult in a professional or business role may not be appointed guardian and retain that previous professional or business relationship.<\/p>\n

If the adult named a standby or preneed guardian who is qualified under s. 744.309, the court shall appoint that person unless doing so is contrary to the ward’s best interests. The best-interests exception applies when that choice is contrary to the adult’s best interests. A provider of health care services to the ward, whether direct or indirect, may not be appointed guardian unless the court specifically finds there is no conflict of interest with the ward’s best interests.<\/p>\n\n

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If you're worried about a parent or relative who can no longer handle daily decisions, you don't have to sort out the court steps alone. Call (561) 849-4149 to talk through your family's situation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Choosing the Right Type of Guardianship<\/h2>\n

The petition must say whether the guardianship is plenary or limited. Plenary is the broader option. Limited is narrower and covers only the powers the court lists.<\/p>\n

The court can remove some rights from an adult and give them to a guardian. Others can be removed but cannot be handed over. Voting, driving, travel, and marriage are in that second group. Managing property and making health care decisions can be delegated.<\/p>\n

An adult keeps every right the court does not specifically remove.<\/p>\n

The statute also covers emergency temporary guardians. If one is requested, a copy of that petition must be filed with the petition to determine incapacity.<\/p>\n

Florida’s Department of Elder Affairs says guardianship should be the least restrictive option. The adult should still be able to take part in decisions. Elder Affairs guardianship guide<\/a><\/p>\n

Step 1: Filing a Petition to Determine Incapacity<\/h2>\n

The first step is a verified petition to determine incapacity. Any adult can sign it. The petition must be verified, which means the person signing it formally swears to its contents. Fla. Stat. \u00a7 744.3201<\/a><\/p>\n

The petition must include:<\/p>\n