{"id":19329,"date":"2026-11-08T20:57:40","date_gmt":"2026-11-08T20:57:40","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/limited-guardianship-florida\/limited-guardianship-law-firm-national\/"},"modified":"2026-11-08T21:31:36","modified_gmt":"2026-11-08T21:31:36","slug":"limited-guardianship-law-firm-national","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/limited-guardianship-florida\/limited-guardianship-law-firm-national\/","title":{"rendered":"Florida Limited Guardianship Attorney | Robinson Casey"},"content":{"rendered":"\n
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Limited Guardianship \u00b7 Miami-Dade & South Florida<\/p>

Limited guardianship, shaped around what your family member needs<\/h1>

Robinson Casey focuses on guardianship matters for families in Miami-Dade and across South Florida. Richard J. Casey III, Esq., can help you judge whether a narrower guardianship fits your situation.<\/p>

Schedule your free consultation<\/a><\/div>
Schedule your free consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

Casey III, Esq. \u00b7 Published November 8, 2026<\/p>\n\n

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A limited guardianship in Florida gives a guardian power over only the decisions the judge lists in the court order. The person keeps every right the court does not remove. Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters.<\/p>\n

What a Limited Guardianship Is and Who It Is For<\/h2>\n

A limited guardianship is a court-ordered arrangement for an adult who needs help with some decisions but not all.<\/p>\n

Families who look at this option often include adult children, spouses, and other relatives. The concern may be memory decline, a developmental disability, or a health condition that affects money management or medical choices but leaves other areas intact.<\/p>\n

Limited guardianship is one option among several. The petition must explain why alternatives, such as a durable power of attorney or a trust, are insufficient (Fla. Stat. \u00a7 744.334<\/a>). The judge decides whether a limited guardianship fits.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What a Limited Guardianship Covers<\/h2>\n

The court’s written order sets the scope, and the guardian may use only the powers it grants. A guardian of an incapacitated person is a fiduciary and may exercise only the rights removed from the ward and delegated to the guardian (Fla. Stat. \u00a7 744.361<\/a>). The letters of guardianship must state whether the guardianship is limited and list the guardian’s powers and duties (Fla. Stat. \u00a7 744.345<\/a>).<\/p>\n

Rights a court may remove and delegate include the right to contract, manage property, apply for government benefits, determine residence, make health care decisions, and make decisions about social environment (Fla. Stat. \u00a7 744.3215<\/a>). The order can be narrow. For example, a court might give a guardian authority over health care decisions only.<\/p>\n

Some rights stay with the person unless the court removes them. A person who has been determined to be incapacitated retains certain rights, including the right to counsel, access to the courts, and privacy. Voting, driving, and travel can be removed by the order but are never handed to a guardian.<\/p>\n

A guardian cannot commit the ward to a facility without a formal placement proceeding and specific court authority (Fla. Stat. \u00a7 744.3215<\/a>).<\/p>\n

How the Florida Limited Guardianship Process Generally Works<\/h2>\n

The process starts with a verified petition. If the court grants it, the case ends with letters of guardianship that list the powers granted. Timing depends on the court and the case.<\/p>\n

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  1. Consultation and fact-gathering.<\/strong> We review the person’s situation, existing documents, and family members, and identify which decisions are at issue.<\/li>\n
  2. Verified petition.<\/strong> The petition must state the extent of guardianship desired, the proposed guardian’s reasons, and why alternatives are insufficient.<\/li>\n
  3. Notice.<\/strong> The petition must be served on and read to the alleged incapacitated person. Notice also goes to that person’s attorney and to next of kin named in the petition (Fla. Stat. \u00a7 744.331<\/a>).<\/li>\n
  4. Hearing and order.<\/strong> The court must find incapacity on clear and convincing evidence. It may remove only the rights the person cannot exercise (Fla. Stat. \u00a7 744.331<\/a>). The judge makes the final call.<\/li>\n
  5. Letters and initial report.<\/strong> If granted, letters issue. The guardian must file an initial report within 60 days after the letters are signed (Fla. Stat. \u00a7 744.362<\/a>).<\/li>\n<\/ol>\n

    Limited, Plenary, Emergency Temporary, and Mental Health Guardianship Compared<\/h2>\n

    A limited guardian holds only the powers the order lists. A plenary guardian may exercise all delegable rights after the court finds the person lacks capacity for all tasks needed for care (Fla. Stat. \u00a7 744.102<\/a>).<\/p>\n