Guardianship in Florida: Protecting Incapacitated Adults

When a loved one can no longer manage their own affairs due to illness, injury, or cognitive decline, families often face difficult decisions. Guardianship is a legal process that allows someone to make decisions on behalf of an incapacitated adult.

What is Guardianship?

Guardianship is a legal relationship where a court appoints a person (the guardian) to make decisions for someone who has been determined incapacitated (the ward). This can include decisions about healthcare, living arrangements, and finances.

Types of Guardianship in Florida

Plenary (Full) Guardianship

The guardian has authority over all aspects of the ward's life, including personal and financial decisions. This is only appropriate when the person cannot make any decisions independently.

Limited Guardianship

The guardian only has authority over specific areas where the person lacks capacity. The ward retains rights in areas where they can still make decisions.

Guardian of the Person

Authority is limited to personal decisions like healthcare, residence, and daily care.

Guardian of the Property

Authority is limited to financial and property management decisions.

The Guardianship Process

1. Petition: File a petition with the circuit court requesting guardianship.
2. Committee Appointment: The court appoints a three-person examining committee to evaluate the alleged incapacitated person.
3. Attorney Appointment: The court appoints an attorney to represent the alleged incapacitated person.
4. Examination: The committee examines the person and reports findings to the court.
5. Hearing: The court holds a hearing to determine incapacity and, if appropriate, appoint a guardian.
6. Ongoing Oversight: The guardian must file annual reports with the court.

Alternatives to Guardianship

Guardianship should be a last resort. Less restrictive alternatives include:

• Durable Power of Attorney (if executed while the person had capacity)
• Healthcare Surrogate Designation
• Representative Payee for Social Security benefits
• Trusts with successor trustees

Contact Pierce Law

If you're considering guardianship for a loved one, our experienced attorneys can guide you through the process and help explore all available options. Contact us for a free consultation.