Guardianship is a legal process in which a court appoints an individual or entity (the guardian) to make decisions on behalf of another person (the ward) who is unable to manage their own affairs. In Florida, this typically involves individuals who are incapacitated due to age, illness, injury, or developmental disabilities. Burzynski Elder Law is here to help.
In the Greater Naples and Southwest Florida region, guardianship is often initiated when an elderly loved one begins to show signs of cognitive decline, or when a younger individual with special needs requires long-term oversight and protection.
Guardianship may be appropriate for individuals who:
It is a significant legal measure that should only be considered when there are no less restrictive alternatives available, such as a durable power of attorney, health care surrogate designation, or trust arrangement.
Florida law recognizes several forms of guardianship to meet different needs:
This is the most comprehensive form of guardianship. The guardian is granted full legal authority to make all decisions for the ward—personal, medical, and financial. It is typically reserved for individuals who are totally incapacitated.
In cases where the ward is partially incapacitated, a limited guardianship may be established. The guardian is only authorized to make decisions in areas specified by the court, while the ward retains the ability to make decisions in other areas.
This applies specifically to individuals with developmental disabilities. It is a streamlined process that does not require a full incapacity determination. Guardian advocacy can be less complex and more appropriate for families with adult children who have autism, Down syndrome, or other qualifying conditions.
In urgent cases—such as when a person is at risk of abuse, financial exploitation, or self-harm—Florida courts may appoint a temporary guardian for up to 90 days while a full guardianship petition is processed.
A guardian of the person handles personal and medical decisions, while a guardian of the property manages the ward’s assets, income, and financial obligations. Often, a guardian may be appointed for both roles.
In Florida, the guardianship process is governed by Chapter 744 of the Florida Statutes. It begins with a court petition and includes several key steps:
The process begins when a concerned party—often a family member or friend—files a Petition to Determine Incapacity with the probate court. This petition outlines the reasons for seeking guardianship.
The court will appoint a three-person examining committee, typically composed of a physician, psychologist, and social worker. They evaluate the alleged incapacitated person (AIP) and file written reports with the court.
A hearing is held where the court reviews the findings of the examining committee, listens to testimony, and determines whether the person is fully or partially incapacitated.
If incapacity is confirmed, a Petition for Appointment of Guardian is filed. The court must determine that the proposed guardian is qualified, capable, and acting in the best interest of the ward.
Once appointed, the guardian is required to complete training, file an initial care plan and inventory of assets, and provide annual reports to the court. This ensures continued protection and accountability.
In Florida, a guardian must be:
Professional guardians or public guardians may be appointed if no suitable family members are available or willing to serve. Family members are often preferred by the court, provided they can carry out the necessary duties responsibly.
A guardian has a fiduciary duty to act in the best interest of the ward. Their responsibilities may include:
Guardians must also keep accurate records, maintain regular contact with the ward, and consult professionals (such as attorneys or financial advisors) when necessary.
Because guardianship involves removing rights from an individual, Florida courts encourage the use of less restrictive alternatives whenever possible. These include:
These tools should ideally be put in place while the person is still competent, making them an important part of proactive elder law planning.
The cost of establishing and maintaining a guardianship can vary based on the complexity of the case, legal fees, guardian fees, and required court filings. Typical costs may include:
These costs are usually paid from the ward’s assets. In some cases, Florida’s Office of Public and Professional Guardians may provide services for indigent individuals.
While guardianship is often necessary, it is not without its challenges:
Working with an experienced elder law attorney can help families navigate these issues and ensure that guardianship is used appropriately and ethically.
Located in Naples, Florida, Burzynski Elder Law has been serving families throughout Southwest Florida for over three decades. Our experienced attorneys and staff provide compassionate, personalized guidance in all aspects of guardianship law, including:
We understand that placing a loved one under guardianship is never an easy decision. Our goal is to support you every step of the way, ensuring that your loved one is protected with dignity and compassion.
If you are concerned about a family member’s ability to manage their affairs or are seeking guidance on Florida guardianship laws, we encourage you to reach out to Burzynski Elder Law today.
Call us at (239) 434-8557 or visit burzynskilaw.com to schedule a consultation.
Your peace of mind—and your loved one’s safety—are worth it.
We look forward to connecting with you!
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