{"id":5030,"date":"2026-10-09T06:30:03","date_gmt":"2026-10-09T06:30:03","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/plenary-guardianship-florida\/top-plenary-guardianship-attorney\/"},"modified":"2026-10-21T02:43:01","modified_gmt":"2026-10-21T02:43:01","slug":"top-plenary-guardianship-attorney","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/plenary-guardianship-florida\/top-plenary-guardianship-attorney\/","title":{"rendered":"Plenary Guardianship Attorney in Miami-Dade, Florida"},"content":{"rendered":"\n
<\/span>\"Empty
\n

Plenary Guardianship | Miami-Dade County, Florida<\/p>

Plenary Guardianship Representation for Miami-Dade Families<\/h1>

Robinson Casey focuses on guardianship matters for families in Miami-Dade and across South Florida. We help you understand the petition process and what the court will need from you.<\/p>

Schedule a Consultation<\/a><\/div>
Schedule a Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 09, 2026<\/p>\n\n

\n\n\n

A plenary guardianship is a court order that gives a guardian all the delegable legal rights of a person the court has found incapacitated. Florida defines the terms used in this process in Florida Statutes section 744.102<\/a>. This page explains what a plenary order covers, who it fits, how the case moves through court, and what to bring to a first meeting with a plenary guardianship attorney. Robinson Casey limits its practice to Marchman Act and guardianship matters. The firm serves families in Miami-Dade, across South Florida, and statewide.<\/p>\n

What Is a Plenary Guardianship in Florida?<\/h2>\n

A plenary guardianship gives the guardian every delegable legal right and power of the ward. The ward is the person the court has placed under guardianship.<\/p>\n

Florida law defines a plenary guardian as someone appointed to exercise all delegable legal rights and powers of the ward. That appointment follows a finding that the ward can’t perform all the tasks needed to care for their person or property (Fla. Stat. \u00a7 744.102<\/a>). The law defines an incapacitated person as someone a judge has found lacks capacity to manage at least some property or meet some essential health and safety needs.<\/p>\n

Plenary and limited are the two main guardianship types. A limited guardian holds only the powers the court lists in the order. A plenary guardian holds broad authority, but the court still decides the scope in each case.<\/p>\n\n

\n

If a parent or spouse can no longer make safe decisions, you don't have to sort out the court process alone. Reach out to Robinson Casey to schedule a consultation about your family's situation. 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
\"Judge<\/figure>\n

Who Needs a Plenary Guardian and When<\/h2>\n

A plenary guardianship usually comes up when a relative can no longer make safe core decisions alone. Families often raise this after a parent or spouse develops progressive cognitive decline, a severe brain injury, advanced dementia, or serious mental illness. ABA Law and Aging group<\/a> covers these older-adult guardianship issues.<\/p>\n

The warning signs tend to be practical. Bills go unpaid. Living conditions become unsafe. Needed medical care gets refused. Someone may be taking advantage of the person’s money.<\/p>\n

A diagnosis alone does not decide the case. The court asks whether the person lacks capacity for specific tasks.<\/p>\n

The court also limits the order. It may remove only the rights the person can’t exercise. The person is incapacitated only as to the rights the order lists. That is why not every case calls for full plenary authority. Gathering medical records and a clear list of daily needs early gives the family more to work with.<\/p>\n

Plenary vs. Limited Guardianship and Power of Attorney<\/h2>\n

A plenary order gives broad authority. A limited order gives only the powers the court lists. A power of attorney depends on a document the person already signed.<\/p>\n\n

\n\n\n\n\n\n\n<\/tr>\n<\/tbody>\n<\/table><\/figure>\n\n

Reporting duties apply to both types.<\/p>\n

Florida law names a durable power of attorney as one alternative to guardianship (Fla. Stat. \u00a7 744.334<\/a>). Later, if a petition shows an alternative will sufficiently address the ward’s problems, the court must review the need for a guardian (Fla. Stat. \u00a7 744.462<\/a>). Whether an existing document changes the analysis is a question to review with counsel.<\/p>\n

What Representation Covers in a Plenary Guardianship Matter<\/h2>\n

Representation covers the petition, notice, the examination, the hearing, and the guardian’s duties after appointment.<\/p>\n

<\/th>\nPlenary guardianship<\/th>\nLimited guardianship<\/th>\n<\/tr>\n<\/thead>\n
Authority<\/td>\nAll delegable rights and powers<\/td>\nOnly the powers named in the order<\/td>\n<\/tr>\n
Who sets scope<\/td>\nThe court<\/td>\nThe court<\/td>\n<\/tr>\n