Miami Guardianship

Guidance for Miami-Dade Families

Guardianship gives a trusted person the legal power to make decisions for someone who can no longer make them safely. Florida sets the rules under Fla. Stat. Chapter 744, and the court stays involved to make sure the person at the center is protected. Our Miami guardianship attorneys help families across Miami-Dade County understand that process and move through it without feeling lost.

We know this decision is hard. We explain each option in plain language, file the paperwork correctly, and stand beside you from the first petition to the final order.

Miami-Dade County

Miami-Dade County

Miami-Dade is the most populous county in Florida, and its older population is growing fast. Researchers project the county’s residents age 65 and older will nearly double between 2015 and 2040. Florida already has the largest share of seniors of any state, and Miami sits at the center of that shift.

Many Miami families also navigate guardianship across languages and across borders. Adult children may live abroad while a parent’s health declines at home. Our team works with families from many backgrounds and helps them act quickly when a loved one can no longer manage their own care. Guardianship cases are heard in the Eleventh Judicial Circuit Court in and for Miami-Dade County.

Miami Guardianship

Why Families Turn to Guardianship

When a loved one cannot manage their own health or finances, banks, doctors, and care facilities may refuse to take direction from family. A court order clears that roadblock. It lets a guardian pay bills, arrange medical care, and protect savings from fraud. For an aging parent or an adult with a disability, that protection can change everything.

Miami-Dade County

Your Emergency Is Our Emergency

Some cases cannot wait. A parent may be skipping vital care, or a loved one may be losing money to a scam. We treat these moments with the urgency they call for and can ask the court for emergency authority so your family member is protected right away.

How the Guardianship Process Works

How the Guardianship Process Works

Most Miami cases follow four steps:

File a petition that explains why your loved one needs a guardian.

A court-appointed committee examines the person and reports on their capacity.

A judge reviews the findings at a hearing.

If the court agrees, it issues an order spelling out the guardian’s powers.

Cases that no one contests are often resolved in roughly 90 days.

Guardianship Options

Types of Guardianship in Florida

Florida tailors guardianship to each person’s needs:

  • Guardian of the Person:
    decides on health care, housing, and daily welfare.
  • Guardian of Property:
    manages income, bills, and assets.
  • Minor guardianship:
    protects a child, and is required when a minor receives $15,000 or more.
  • Emergency Temporary Guardian:
    meets immediate danger, lasts 90 days, and can extend another 90 days if the risk continues.

A short talk with our team can help you pick the right fit.

How We Can Help

How a Miami Guardianship Attorney Can Help

We file accurate petitions, represent your family in court, and coordinate with doctors so help arrives fast. We also walk you through the full range of guardianship options so your choice is an informed one.

FAQ

Frequently Asked Questions

Uncontested cases often finish in about 90 days. The timeline depends on the court’s schedule, the examining committee’s report, and whether anyone challenges the petition. Emergency requests move much faster.

Yes. Florida courts often appoint a spouse, adult child, or close relative, as long as that person qualifies and the court finds them suitable. When no family member can serve, a professional guardian may be named.

Sometimes. Florida law favors the least restrictive option that keeps the person safe. Tools like a power of attorney, a health care surrogate, or a limited guardianship may fit. We review your situation and recommend the lightest option that still protects your loved one.

That is common in Miami-Dade, and it does not change your rights. Courts provide interpreters, and our team helps families handle the process regardless of the language spoken at home.

Yes. A family member or the person themselves can object. Contested cases take longer and involve more hearings, which is why having an attorney prepare strong evidence matters.

Urgent Situations

Contact Robinson and Casey Today

If you are weighing guardianship for a loved one in Miami, reach out now. Our attorneys offer the caring, clear support your family needs.