{"id":5080,"date":"2026-10-09T08:36:53","date_gmt":"2026-10-09T08:36:53","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/mental-health-guardianship-florida\/mental-health-guardianship-law-firm-miami-dade\/"},"modified":"2026-10-21T20:02:40","modified_gmt":"2026-10-21T20:02:40","slug":"mental-health-guardianship-law-firm-miami-dade","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/mental-health-guardianship-florida\/mental-health-guardianship-law-firm-miami-dade\/","title":{"rendered":"Mental Health Guardianship Law Firm Miami Dade"},"content":{"rendered":"\n
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Mental Health Guardianship | Miami-Dade<\/p>

Mental Health Guardianship Help for Miami-Dade Families<\/h1>

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.<\/p>

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

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Mental health guardianship is a court case where a Florida judge decides whether an adult needs a guardian for certain decisions. If you’re looking for a mental health guardianship law firm in Miami Dade, this page explains how the process works and what to expect. Robinson Casey limits its practice to guardianship and Marchman Act matters for families in South Florida and across the state.<\/p>\n

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

Florida law provides that the guardian of an incapacitated person is a fiduciary and may exercise only those rights that have been removed from the ward and delegated to the guardian, and must act within the scope of the authority granted by the court<\/a>. The case can start with a petition to determine incapacity and may also include a request to appoint a guardian. The court makes both decisions, not the family.<\/p>\n

Under Fla. Stat. \u00a7 744.3201<\/a>, an adult may sign the petition. The petition must be verified, meaning signed under oath. It must describe the facts behind the petitioner’s belief and name people who saw those facts firsthand.<\/p>\n

Families often ask about guardianship after a relative with a serious mental health condition refuses care, cannot handle money, or may be at risk of harm. Guardianship is not the only tool. A guardian advocate, a durable power of attorney, or an advance directive may fit some families better. The petition must explain why those alternatives are not enough, under Fla. Stat. \u00a7 744.334<\/a>.<\/p>\n

Adult relatives and other interested people can bring these petitions. Filing does not mean a guardian will be appointed.<\/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 Matters Robinson Casey Handles<\/h2>\n

Robinson Casey limits its practice to guardianship and Marchman Act matters. The firm serves families in Miami Dade and South Florida, and across the state where the court has jurisdiction.<\/p>\n