Guardianship FAQ
Understanding Guardianship Law in Florida
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- The Law Offices of Travis R. Walker, P.A. Assists with Guardianship Matters
- What Is Guardianship?
- When Is Guardianship Necessary?
- What Are the Different Types of Guardianship in Florida?
- How Do I Become a Guardian in Florida?
- Can a Family Member Serve as Guardian?
- What Are a Guardian’s Responsibilities in Florida?
- Are There Alternatives to Formal Guardianship?
- How Long Does the Guardianship Process Take in Florida?
The Law Offices of Travis R. Walker, P.A. Assists with Guardianship Matters
What Is Guardianship?
When Is Guardianship Necessary?
Guardianship may be necessary in a variety of circumstances, including:
- A minor child whose parents are deceased, incapacitated, or otherwise unable to provide care
- An adult who has been diagnosed with a significant cognitive impairment, mental illness, or developmental disability
- An elderly person who can no longer make sound decisions due to dementia or Alzheimer’s disease
- An individual who has suffered a traumatic brain injury or is in a persistent vegetative state
What Are the Different Types of Guardianship in Florida?
Florida recognizes several types of guardianship:
- Guardian of the Person: Makes decisions about the ward’s care, housing, medical treatment, and daily activities.
- Guardian of the Property: Manages the ward’s financial affairs, assets, and legal transactions.
- Plenary Guardian: Has authority over both the person and the property.
- Limited Guardian: Has authority only over specific matters as defined by the court.
- Guardian Advocate: A streamlined form of guardianship available for individuals with developmental disabilities.
- Emergency Temporary Guardianship: Appointed by the court when there is an immediate danger to the ward’s welfare.
How Do I Become a Guardian in Florida?
To become a guardian in Florida, you must file a petition with the probate court in the county where the alleged incapacitated person resides. The court will appoint an examining committee of at least three members (typically including a physician) to evaluate the alleged incapacitated person. After reviewing the committee’s report, the court will hold a hearing to determine incapacity and, if appropriate, appoint a guardian. All guardians must also complete a court-approved training program prior to letters of guardianship being issued.
Can a Family Member Serve as Guardian?
Yes. Florida law gives preference to family members when appointing a guardian, provided they meet the eligibility requirements. A guardian must be at least 18 years old, a resident of Florida (with some exceptions for close relatives), and not have a felony conviction or a history of abuse, neglect, or exploitation. Professional guardians who are not family members are also available and may be appointed by the court when no suitable family member is available or willing.
What Are a Guardian’s Responsibilities in Florida?
Florida guardians have significant ongoing legal obligations, including:
- Filing an annual guardianship plan describing the ward’s condition and proposed care for the coming year
- Filing an annual accounting of all financial transactions involving the ward’s property
- Acting in the ward’s best interest at all times
- Keeping the ward’s assets separate from the guardian’s own assets
- Seeking court approval before taking certain significant actions, such as selling real property
Are There Alternatives to Formal Guardianship?
Yes. Florida courts encourage the use of less restrictive alternatives to guardianship when appropriate. These alternatives include durable powers of attorney, health care surrogates, trusts, representative payees, and supported decision-making agreements. An attorney can help you evaluate whether guardianship is truly necessary or whether a less restrictive alternative can adequately protect your loved one.
How Long Does the Guardianship Process Take in Florida?
An emergency temporary guardianship can be established within days when there is an immediate threat to the ward’s safety. A standard plenary guardianship proceeding typically takes 2–4 months from the filing of the petition to the appointment of a guardian, depending on court scheduling and whether any objections are raised.
Contact The Law Offices of Travis R. Walker, P.A. to speak with an experienced guardianship attorney in Treasure Coast, FL and get the guidance your family needs.
