{"id":5064,"date":"2026-10-09T07:47:52","date_gmt":"2026-10-09T07:47:52","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/mental-health-guardianship-florida\/mental-health-guardianship-lawyers-national\/"},"modified":"2026-10-21T20:03:10","modified_gmt":"2026-10-21T20:03:10","slug":"mental-health-guardianship-lawyers-national","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/mental-health-guardianship-florida\/mental-health-guardianship-lawyers-national\/","title":{"rendered":"Mental Health Guardianship Lawyers in Florida"},"content":{"rendered":"\n
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Mental Health Guardianship | Miami-Dade and South Florida<\/p>

Clear guidance for families facing a mental health guardianship case<\/h1>

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, helping families across South Florida and throughout Florida.<\/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

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Mental health guardianship in Florida is a court process in which a judge may appoint a guardian to make decisions for an adult found incapacitated. Robinson Casey limits its practice to Marchman Act and guardianship matters, serving families in Miami-Dade, South Florida, and across Florida. This guide covers the options, the court steps, timing, costs, and the questions families ask most before they file.<\/p>\n

What Mental Health Guardianship Is and Who It Is For<\/h2>\n

A mental health guardianship is a court order that gives a named person legal authority over an adult the court has found incapacitated. Florida defines an incapacitated person as someone a judge has determined lacks the capacity to manage some property or meet some essential health and safety needs (\u00a7 744.102<\/a>).<\/p>\n

The court makes the appointment, not the family. A mental health condition alone does not settle the case. The petition must show specific facts about what the person cannot do safely on their own.<\/p>\n

A petition must also explain why alternatives are not enough. Those alternatives include a durable power of attorney or an advance directive (\u00a7 744.334<\/a>). If the person can still sign documents, those tools may matter first.<\/p>\n

Petitions are signed by an adult. Family members such as adult children, spouses, and siblings are often among those who begin looking into the process, since they are familiar with the person’s day-to-day situation.<\/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

Guardianship Options the Firm Handles<\/h2>\n

Florida separates guardianships by how much authority the court gives the guardian. The court sets the limits in each order.<\/p>\n