Helping Florida Families Navigate Guardianship with Confidence
When a loved one can no longer make sound decisions on their own, establishing guardianship may become a necessary step to ensure their safety and well-being. Whether you are caring for an aging parent or a child with disabilities who is approaching adulthood, understanding your legal options is essential to making informed, compassionate choices. At Elder and Estate Planning Attorneys, PA, we know how emotional and complex the guardianship process can be. Our team is here to guide you every step of the way, offering trusted support and legal experience to help you secure the right protections for your loved one’s person and property.
What Is Guardianship?
Guardianship is a legal process that allows an individual or entity to make decisions on behalf of someone who is unable to manage their personal or financial affairs. This may include decisions about health care, housing, or finances. In Florida, guardianship is often sought for older adults experiencing cognitive decline or for individuals with developmental disabilities.
When Is Guardianship Necessary?
While many families can avoid guardianship through proactive estate planning tools like durable powers of attorney or trust agreements, there are cases where court-appointed authority becomes essential. You may need to pursue guardianship if:
Your loved one has not named a trusted decision-maker in advance
Their health has declined to the point where they cannot manage day-to-day needs
There are concerns about elder financial exploitation or neglect
Family members disagree on how to provide care
We can help you determine whether guardianship is appropriate and walk you through every legal requirement involved.
Frequently Asked Questions
What is the difference between guardianship and power of attorney?
A durable power of attorney is established in advance and allows someone to act on your behalf without court involvement. Guardianship is a court process that gives someone legal authority when no power of attorney exists or when it’s no longer valid.
Can more than one person be appointed as guardian?
Yes, co-guardians can be appointed, but the court must determine it is in the best interest of the individual needing care.
How long does it take to establish guardianship?
The process can vary, but we work to move as quickly as possible while ensuring all legal requirements are met. Urgent cases can often be expedited.
What if family members disagree about guardianship?
Disputes can arise, and we work to resolve them through clear communication and legal guidance. If necessary, we can represent your interests in court.
Types of Guardianship in Florida
Florida law provides for several types of guardianship, depending on the person’s needs:
Guardian of the Person – Makes decisions about medical care, housing, and personal matters
Guardian of the Property – Manages financial assets and ensures bills and obligations are paid
Plenary Guardianship – Grants full authority over both person and property when no lesser form of intervention is adequate
Limited Guardianship – Tailored to only the areas where assistance is needed
Our attorneys help families assess which type of guardianship best fits the situation, always prioritizing the rights and dignity of the person at the center of the decision.