How to Become a Guardian for an Adult Loved One in Crisis

When an adult loved one is in crisis, whether due to mental illness, addiction, or cognitive decline, it can be heartbreaking to watch them struggle and make unsafe decisions. In some cases, families reach a point where informal support or voluntary help is no longer enough. That’s when legal guardianship may become the best path forward.

Guardianship is a court-supervised process that allows a trusted family member or caregiver to step in and make important decisions on behalf of an adult who cannot safely do so on their own. While it is never an easy decision, guardianship can provide structure, protection, and peace of mind for families facing difficult circumstances.

In this guide, we’ll walk you through what guardianship is, when it may be necessary, the legal steps to becoming a guardian, and how an experienced attorney can support you throughout the process.

Understanding Guardianship

Guardianship is a legal process in which a court appoints a responsible individual, known as a guardian, to decisions on behalf of an adult who cannot manage their own personal, medical, or financial affairs. This step is often considered when a loved one’s ability to make safe, informed choices is compromised due to illness, disability, addiction, or cognitive decline.

In Florida, there are several types of guardianship the court may grant, depending on the individual’s needs:

• Full Guardianship – The guardian assumes responsibility for nearly all of the adult’s personal and financial decisions. This is generally ordered when the court finds the individual fully incapacitated and unable to manage their own affairs.
• Limited Guardianship – The guardian is given authority only over certain areas of decision-making, while the adult retains the ability to make choices in other areas. Courts often prefer this option when the individual still has some capacity to act independently.
• Plenary Guardianship – A form of full guardianship in which the guardian is granted complete authority over both the person and property of the incapacitated adult. It is the most comprehensive type of guardianship.
• Emergency Temporary Guardianship – Granted when immediate action is needed to prevent harm to the adult or their property. This type of guardianship is temporary, lasting only until the court can make a more permanent determination.

Because guardianship can significantly restrict an individual’s rights, Florida courts approach it with caution and generally consider it only when less restrictive alternatives

When to Consider Guardianship

Deciding whether to pursue guardianship for a loved one is never simple. Families often struggle with balancing respect for a loved one’s independence with the urgent need to keep them safe. Guardianship may be the right step when an adult is unable to consistently make sound decisions, even with support, and their health, safety, or finances are at risk.

Some common signs that guardianship may be necessary include:

• Inability to manage daily needs – Your loved one cannot keep up with medical care, nutrition, or hygiene.
• Unsafe living conditions – They are unable to recognize or respond to dangerous situations in their home or community.
• Financial mismanagement or exploitation – Bills go unpaid, money is spent irresponsibly, or they are vulnerable to scams and manipulation.
• Refusal of necessary medical treatment – Even when treatment is essential, your loved one may deny care due to impaired judgment.
• Crisis situations – Struggles with addiction, mental illness, or cognitive decline that put themselves or others at risk.

It’s also important to recognize that guardianship is not the only option. In some situations, less restrictive alternatives, such as a durable power of attorney, health care surrogate designation, or trust, may provide enough support without removing as many rights. However, when a loved one is in crisis and unable or unwilling to accept voluntary help, guardianship may be the most effective way to protect them.

The Legal Process of Becoming a Guardian

Becoming a guardian for an adult loved one is not something that happens automatically, it requires court approval. Because guardianship involves removing some of an adult’s legal rights, Florida courts follow a careful process to make sure it is truly necessary. While every case is unique, the process generally includes the following steps:

1. Filing a Petition

The process begins when you or another concerned party files a petition with the court requesting guardianship. This petition explains why guardianship is necessary and what type of guardianship you are seeking.

2. Capacity Evaluation

The court will appoint an examining committee, often made up of medical and mental health professionals, to evaluate your loved one’s ability to make decisions. Their findings are submitted to the judge to help determine whether the individual is incapacitated.

3. Court Hearing

A hearing is scheduled where evidence is presented. The judge considers testimony, medical evaluations, and the wishes of the individual (if they are able to participate). Based on this information, the judge decides whether guardianship is appropriate and, if so, what type.

4. Appointment of a Guardian

If the court grants guardianship, it issues an order formally appointing the guardian. The guardian may be required to complete training, post a bond, or file an inventory of the individual’s assets.

5. Ongoing Court Oversight

Guardians are accountable to the court. This typically includes filing annual reports on the individual’s health, well-being, and financial status. The court continues to monitor the guardianship to ensure the guardian is acting in the best interest of their loved one.

Responsibilities of a Guardian

Being appointed as a guardian is both a legal duty and a personal commitment. Guardians are entrusted with making decisions in the best interest of their loved one, often in highly sensitive areas of life. The exact responsibilities depend on the type of guardianship granted by the court, but they generally include:

• Personal and Medical Decisions – Choosing appropriate living arrangements, consenting to medical treatment, arranging for care providers, and ensuring day-to-day needs like food, clothing, and safety are met.
• Financial Management – Paying bills, protecting assets, managing income or benefits, and preventing financial exploitation. Guardians must keep detailed records of all financial activity.
• Court Reporting Requirements – Filing regular reports with the court, such as annual accountings of finances and updates on the loved one’s health and well-being.
• Advocating for the Loved One’s Best Interests – Acting as a voice for their needs and ensuring their dignity, rights, and quality of life are respected.
• Respecting Limitations of Authority – Guardianship does not erase all of a person’s rights. A guardian must understand which rights remain with the individual and support them in exercising those rights whenever possible.

Serving as a guardian can be deeply rewarding, but it is also demanding. Guardians must balance compassion with responsibility, knowing that the court holds them accountable for protecting their loved one’s health, safety, and financial security.

Challenges Families May Face

While guardianship can provide protection and stability for a vulnerable loved one, the process often brings significant challenges for families. Emotionally, it can be difficult to come to terms with the idea of limiting a loved one’s independence, and many families struggle with feelings of guilt or grief. In some cases, the individual in crisis may resist the idea of guardianship altogether, leading to conflict and tension during an already stressful time. Disagreements among family members can also arise, particularly when deciding whether guardianship is truly necessary or who should serve as the guardian.

Beyond the emotional strain, the legal process itself can feel overwhelming. From filing petitions and attending court hearings to meeting ongoing reporting requirements, guardianship requires diligence, organization, and a strong understanding of the law. Even after appointment, serving as a guardian demands time, effort, and responsibility, as the guardian is expected to manage both the personal and financial needs of their loved one while remaining accountable to the court. Although these challenges can be daunting, many families find reassurance in knowing that guardianship is designed to protect those most at risk, and with the right legal support, the process can become more manageable and less intimidating.

How Robinson & Casey Can Help

Navigating the guardianship process can feel overwhelming, but you don’t have to go through it alone. At Robinson & Casey, we understand the emotional weight families carry when seeking guardianship for a loved one in crisis. Our team helps prepare and file petitions, represent families in court, and guide new guardians through their responsibilities. We also assist with ongoing requirements, such as reporting and financial accountability, so you can focus more on caring for your loved one.

With extensive experience in Florida guardianship law, we provide both compassionate support and practical solutions tailored to your family’s needs. Whether you are just beginning to explore guardianship or already in the process, Robinson & Casey is here to help protect your loved one and give you peace of mind.

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