Guardianship

For an aging parent or spouse who can no longer make safe decisions about health, money, or where they live. A Florida court decides capacity first, then appoints a guardian of the person, of the property, or both, and removes only the rights the person can no longer safely exercise. We handle the petition, the examining committee, and the court reporting that follows.

Without it:Without it, no one has authority to stop an unsafe discharge, consent to care, or protect accounts from exploitation.

For adults whose cognitive or developmental disability means they cannot manage medical decisions, benefits, or money alone. Florida asks first whether something less restrictive would work, and when it would not, we ask for the narrowest order that keeps the person safe. Every right the adult can still exercise stays with the adult.

Without it:Without it, a hospital or a bank can lawfully refuse to speak with the family member who has done the caring for years.

For a child whose parents have died, cannot be found, or cannot safely provide care, including grandparents raising grandchildren. A guardian of the person can enroll the child in school, consent to medical treatment, and make the daily decisions Florida law otherwise reserves to a parent.

Without it:Without a court order, the adult actually raising the child has no standing at the school or the pediatrician's office.

Florida's less intrusive path for adults with a developmental disability, under Fla. Stat. 393.12. It requires no finding of incapacity and no examining committee, which makes it faster and less costly than full guardianship. The adult is represented by counsel, and rights can be restored later.

Without it:Without this option, families get pushed toward a full incapacity proceeding they may not need.

Needed when a child receives more than a modest sum from a settlement, an inheritance, or a life insurance payout. Under Fla. Stat. 744.301(2) a parent may receive up to $15,000 in the aggregate for a minor without a court appointed guardian of the property. Above that, the court appoints one and supervises the money until the child turns 18.

Without it:Without one, a settlement can sit unpaid for months because no one can sign the release.

Often the honest answer is that you do not need a guardianship at all. A durable power of attorney, a health care surrogate designation, a preneed guardian designation, or a funded trust can carry the same weight at far lower cost and with no court supervision. We tell you which of those doors is still open before we file anything.

Without it:Without those documents signed in time, the courthouse becomes the only door left.