Guardianship Attorney in Stuart
The Law Offices of Travis R. Walker, P.A. provides legal counsel to Martin and Palm Beach County residents on complex guardianship matters. There are some situations that arise where legal guardianship is required. When minors or illness, age-related decline, or unexpected tragedy renders a person incapable of making sound financial decisions or caring for themselves, a court-appointed guardianship can protect their interests.
Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Travis R. Walker.
Content last modified: March 20, 2026
Travis R. Walker advises
Travis R. Walker advises
Florida Bar No. 36693
“Guardianship is one of the most profound responsibilities the law allows—giving one person authority over another’s life decisions. Our role is to ensure that authority is established properly and exercised with integrity, always keeping your loved one’s best interests at heart.”
Handled With Care
Your 3-Step Plan to Establish Protective Guardianship
Schedule Your Confidential Consultation
Call our office or complete our contact form to schedule a confidential consultation. We’ll listen to your situation and explain your options under Florida law.
Develop a Customized Legal Strategy
Our legal team will evaluate whether guardianship is necessary or if less restrictive alternatives exist. We’ll create a customized plan to protect your loved one.
We Handle the Chapter 744 Court Process
From filing petitions to court appearances, we guide you through every step of Chapter 744 proceedings so you can focus on what matters most: your family.
Expert Guidance Through Florida’s Complex Guardianship Laws
You’re facing one of life’s most difficult situations watching someone you love lose the ability to care for themselves.
Navigating Florida Chapter 744 Legal Complexity
Chapter 744 of the Florida Statutes governs guardianship—a complex web of procedures, examining committees, court hearings, and ongoing reporting requirements that can overwhelm families.
Protecting Against Financial Vulnerability & Exploitation
Without proper legal protection, your loved one’s assets are at risk from exploitation, mismanagement, or predatory individuals. Bills go unpaid. Savings disappear. Property is lost.
Addressing Critical Health & Safety Concerns
When someone can’t make sound decisions about their own care, the consequences are devastating. Missed medications. Unsafe living conditions. Medical emergencies without anyone to make critical decisions.
Your Guide
We Lead With Authority & Empathy
We understand the emotional weight of watching a parent, spouse, or loved one lose the capacity to care for themselves. It’s heartbreaking—and the legal system can feel cold and impersonal when you’re already overwhelmed.
At The Law Offices of Travis R. Walker, P.A., we combine deep knowledge of Florida guardianship law with genuine compassion for families in crisis. We’ve guided hundreds of families through this process, and we know how to protect both your loved one’s rights and your family’s peace of mind.
Our offices in Stuart, Tallahassee, Port St. Lucie, Palm Beach, and Tampa serve clients across Florida, providing local expertise with statewide reach.
- Florida Bar Certified
- Chapter 744 Expertise
- Probate Court Experience
- Multi-State Licensed
Our Services
Comprehensive Florida Guardianship Services We Provide
We handle every aspect of guardianship law, tailored to your family’s unique situation.
Adult Guardianship (Incapacity)
When an adult family member can no longer make safe decisions about their person or property due to incapacity, we guide you through the legal process to establish appropriate protection.
- Plenary Guardianship (full authority)
- Limited Guardianship (partial authority)
- Guardianship of the Person
- Guardianship of the Property
- Voluntary Guardianship
Minor Guardianship in Florida
Florida law requires court-appointed guardians for minors in specific circumstances. We help families establish proper legal protection for children who need it.
- Guardianship when parents die or become incapacitated
- Minor inheritance over $15,000
- Settlement proceeds exceeding $50,000
- Pre-need guardian nominations
Emergency Temporary Guardianship
When immediate action is needed to protect someone at imminent risk, we can petition for emergency temporary guardianship a 60-day protective measure while full proceedings continue.
- Immediate protective measures
- 60-day temporary authority
- Extensions when conditions persist
- Transition to permanent guardianship
Proactive Guardianship & Estate Planning
Proactive planning can prevent crisis situations. We help families prepare for the unexpected with pre-need guardian declarations and comprehensive estate planning.
- Pre-need guardian declarations
- Durable powers of attorney
- Health care surrogate designations
- Living wills and advance directives
The Challenge
The Overwhelming Challenge of Florida Guardianship
You’re facing one of life’s most difficult situations—watching someone you love lose the ability to care for themselves.
Financial exploitation
Medical neglect
Unsafe living conditions
Lost assets
Family conflict
The Challenge
The Overwhelming Challenge of Florida Guardianship
Financial Security & Asset Protection
Full authority to make decisions and manage affairs
Ensure Quality Medical Care
Financial Security & Asset Protection
Lasting Peace of Mind for Your Family
Know your family is legally protected for the future
Limited Availability
We Limit Our Guardianship Cases to Ensure Quality
Because guardianship matters require intensive personal attention, we carefully limit the number of new cases we accept each month. This ensures every family receives the dedicated focus their situation deserves.
Protect Your Loved One’s Health, Safety, and Future
Don’t wait until a crisis forces your hand. Our experienced guardianship attorneys are ready to help you navigate this complex process with compassion and expertise.
Guardianship Attorney in Stuart
Regardless of the case, navigating the legal system in this area does have its challenges. However, by working with an experienced attorney, you can ensure that you are able to establish the appropriate type of guardianship under Florida law.
The decision to seek a guardianship over another person can be life-changing. With compassion, empathy, and honesty, we support clients through every aspect of this process, ensuring they have the knowledge and resources to prepare for this important role.
For effective representation in Florida guardianship issues, reach out to a family law attorney at our firm who can assist with:
- Preparing guardianship petitions
- Filing for an emergency temporary guardianship
- Appointing guardianship
- Establishing incapacity
- Competency hearings
- Guardianship litigation
- Guardianship removal
Adult Guardianship
Adult guardianships are appointed by the Court as a sole decision-maker for an adult who is unable to make decisions for themselves. One context in which this happens is when an adult child steps in as a guardian for their parent, who has become incapacitated. The guardian of an adult can have guardianship over property or guardianship of the person, or in many cases, both. The guardian of the property has power to control the assets of the ward, such as real estate, stocks, bank accounts and bill payments. In this role, the guardian must ensure that all assets are appropriately managed for the ward’s benefit. The guardian may also make critical health-care and basic living decisions for an adult who has been deemed incompetent by the law or mental health professionals.
Minor Guardianship
Minor guardianships occur when the biological parents are either deceased, incapacitated, or are unable to properly parent a child. For example, if parents are deemed as “unfit” due to drug or substance abuse issues, or they are cognitively impaired, a legal guardian would be preferable for the minor’s well-being. In these cases, the Court selects a legal guardian to make decisions regarding the child’s education, health, residence, and other essentials. Florida law stipulates that if a minor inherits $15,000 or more, they must be appointed a guardian of property.
Limited and Plenary Guardianship
Limited guardianships are appropriate if the Court finds that the adult in question lacks the ability to perform some — but not all — of the tasks necessary to care for his or her person, property, or finances. For instance, in a limited guardianship, the ward may retain the right to decide where they live, but their guardian may not have control over whom they wed. By contrast, a plenary guardian exercises all legal rights and powers of the ward.
Who Is Eligible to Be a Guardian in Florida?
The legal authority and general provisions for guardianship in Florida are outlined in Chapter 744 of the Florida Statutes.
In Florida, the eligibility requirements to be a legal guardian of a resident ward include:
- A Florida resident who is 18 years or older, AND
- Has no felony convictions
- Is qualified to act as guardian of the ward
A nonresident of Florida may serve as guardian if he or she is:
- Related by lineal consanguinity to the ward
- A legally adopted child or adoptive parent of the ward
- A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone with a blood relationship to any such person
- Has no felony convictions
Termination of Guardianship Administration
Only temporary guardianships expire within a certain period of time. To end the guardianship of an adult, the ward must file a “Petition to Terminate Guardianship” with the court and prove that they possess the skills and capacity to care for themselves and make sound decisions. A guardianship of a minor terminates on the minor’s 18th birthday.
Resignation of the Guardian in Florida
There are many reasons why a guardian may decide to resign from their position. This is a judicial process that can benefit from skilled legal counsel.
For a guardian in Florida to resign, they must submit:
- a final report of his or her guardianship
- proof of the termination of the ward’s incapacitation
- proof of their inability to locate the ward (when applicable)
- all records and documents regarding the ward’s property
- copies of the ward’s health care records
How The Law Offices of Travis R. Walker, P.A. Can Help
Florida law requires guardians to have legal counsel. If you have questions about guardianship or are ready to get started, please contact the legal team at The Law Offices of Travis R. Walker, P.A. today. We can also explore any related family or probate matters that may impact how the process will unfold. Our Stuart-based guardianship lawyers look forward to helping you any way we can.
Types of Guardianship in Florida
Florida Guardianship Lawyer
Guardians are critical in helping some of society’s most vulnerable people. They protect the interests of minors whose parents are absent or unfit and adults who cannot fully care for themselves. Guardians are responsible for the everyday needs of their charges and sometimes help them with financial matters.
If you are considering becoming a guardian, partner with an experienced Florida guardianship lawyer. At The Law Offices of Travis R. Walker, P.A., our attorneys have an in-depth knowledge of the Sunshine State’s complex guardianship laws and can help you make a smooth transition and avoid future problems.
Types of Guardianship in Florida
Guardianship is a legal process used for people who cannot make or communicate good decisions about themselves or their property. Under this process, the guardian receives the authority to make certain decisions on behalf of the person.
Florida law allows for guardianship of minors and incompetent adults. As a guardian, you may protect your ward’s health and welfare, manage their finances, or both. Florida law dictates who can serve as a guardian.
Guardianship of Minors
You can apply for guardianship of a minor if the child’s parents have died or a judge rules them unfit due to abuse, drug use, mental incapacitation, or some other reason. Sometimes, parents set up a pre-need guardianship directive stating their wishes if they can no longer raise their children. They may also name a guardian in a will, though that is subject to court approval.
A judge may appoint a financial guardian if a minor receives more than $15,000 as part of a settlement or inheritance. They consider the parents first but may appoint someone else. If the child receives such a settlement and has no parents, a guardian may take over raising them and seek authority over their property. A judge may also appoint a third party in such a situation.
Guardianship of Incapacitated Adults
Unless an adult signed a power of attorney, a judge must rule them incapacitated before you can assume guardianship. Even with a finding of incapacitation, judges will lean toward the least restrictive means to care for their needs. You can petition for guardianship of elderly parents or another adult you believe needs your protection.
Importantly, while a power of attorney grants an agent the ability to make decisions for another person, the person retains the authority to make decisions independently on their own behalf. You do not receive exclusive authority to make all decisions on a ward’s behalf until a judge signs a guardianship order.
Limited Guardianship vs. Plenary Guardianship
Florida law allows for limited and plenary guardianships. Limited guardianships help those who can handle some—but not all—of the tasks necessary to manage their personal and financial affairs. It allows guardians to make certain decisions that are laid out specifically in a guardianship order.
A plenary guardianship gives you power over all aspects of another’s life. It helps people who are unable to care for themselves at all. Both limited and plenary guardianships are subject to ongoing judicial oversight.
Our Florida guardianship lawyers understand the law’s requirements and can guide you through the legal guardianship process with compassion.
What Can a Florida Guardianship Lawyer Do for You?
An experienced guardianship attorney in Florida can help you with all aspects of the process, including the following:
- Legal representation: In a guardianship case, you must protect your interests and those of your potential ward. A skilled attorney knows the law and can help you with common and more complex issues, such as if someone wants to remove a guardianship.
- Advocacy for the ward's best interests: The role of a guardianship lawyer goes beyond that of protecting you. When they guide you through becoming and acting as a guardian, they are also working to protect the interests of your ward.
- Assistance with court proceedings and documentation: To navigate the process smoothly, you need an accomplished guardianship attorney to help you file documentation on time and in the proper courts and represent you in guardianship proceedings.
- Ensuring compliance with Florida guardianship laws and regulations: Taking legal responsibility for someone else is an ongoing commitment. Your attorney knows current guardianship laws and regulations and can advise you on whether you are compliant and how to stay that way.
When To Seek a Florida Guardianship Attorney
There are several signs that someone you know or love may need a guardian to take care of them or to trigger legal intervention in their affairs.
When a Minor Needs a Guardian
- Loss of parents
- Abuse or neglect
- Abandonment
- Parental incapacitation
- Parental criminal activity
- Receipt of a large sum of money
Signs an Adult Might Need a Guardian
- Failing to take care of their physical needs
- Dangerous forgetfulness, such as leaving burners on or wandering
- A severe dip in finances
- Unpaid bills, or threats of eviction or foreclosure
- Evidence of physical abuse by others
Remember that Florida judges tend to avoid guardianship of adults if less restrictive options are available. The goal is to care for people while allowing them to retain some independence. A judge may disapprove of a guardianship but grant a power of attorney over specific affairs.
People facing guardianship help must seek legal representation quickly. The sooner an experienced attorney understands your situation, the faster they can guide you through the process and help you file the required documentation.
Process of Obtaining Guardianship in Florida
The Florida guardianship process has several steps. These include the following:
- Initiating guardianship proceedings: When you petition for guardianship, you must provide information about yourself and your potential ward and explain why you believe they need a guardian. The judge may appoint a guardian ad litem to serve as a temporary guardian during the proceedings.
- Court hearings and evaluations: If you seek guardianship of an adult, you must petition to have them declared legally incapacitated. If the judge determines the person is incapacitated, or if you seek guardianship of a minor, a guardianship hearing will follow. You, your potential ward, and other family members will receive notice of the hearing. There may be additional hearings if someone challenges your guardianship.
- Appointment of a guardian: A judge will determine whether a potential ward needs a guardian, whether there is no less restrictive option, and whether you are qualified. Once appointed as guardian, you must submit initial and annual plans for your ward's care. There are additional requirements if you have control of your ward's finances. Guardians must also attend instruction and training within four months of their appointment.
A skilled attorney experienced in Florida guardianship cases is critical at each stage. They know the law and what judges are looking for in guardians. They can protect your interests at each step and guard against mistakes that prolong the process.
Challenges and Complexities in Guardianship Cases
Guardianship cases are complex, particularly if someone challenges your guardianship. For example, another relative may initiate a contested guardianship. You may also have to deal with complex medical or financial concerns. When necessary, you can ask the court to appoint you as the guardian of the person and someone else as the guardian of the property.
If your potential ward has serious medical issues, you must demonstrate that you can properly care for them. If you do not provide sufficient proof, a judge may appoint another guardian or make that person a ward of the state.
Our Florida guardianship attorneys can help you navigate these complexities. We have experience helping people in similar situations find solutions that promote everyone’s interests and satisfy the court.
Criteria for Choosing a Guardianship Lawyer in Florida
When choosing a guardianship lawyer, look for one with experience representing wards and guardians. Florida requires that wards have attorneys, so their advice can be invaluable as they have spent time learning the guardianship legal process from multiple angles.
Ask prospective attorneys about their experience in other aspects of family and probate law, too. A breadth of knowledge and experience in family law matters lets your lawyer advise you not just on guardianship but also on other issues that may crop up.
Check reviews to look for comments specifically about guardianship and family law. Because these cases are complex and sensitive, look for testimonials of compassion, legal knowledge, and communication skills.
Cost of Hiring a Guardianship Lawyer in Florida
A Florida guardianship lawyer may charge an initial consultation fee, request a retainer, and bill hourly. A retainer is an upfront payment from which they will deduct hourly charges. You may also also need to pay court fees when submitting your paperwork. For example, the fee for filing a guardianship of person and property is $400 in Martin County.
The overall legal costs depend on the complexity of your case and whether someone challenges your guardianship, making the proceedings last longer. In some cases, guardians can petition to have the ward’s funds cover the attorney fees.
How The Law Offices of Travis R. Walker Can Help in Your Florida Guardianship Case
At the Law Offices of Travis R. Walker, P.A., our attorneys have extensive experience with guardianship matters. We understand the laws regarding legal guardianship and provide compassionate support throughout the legal process.
We are a full-service legal firm committed to community service and helping people who need quality legal representation. Our clients have praised our communication skills, professionalism, comprehensive services, and results in client testimonials.
If you need help with a guardianship issue, contact our team to schedule a consultation.
Client Stories
Our Proven Track Record
Families across Florida trust us with their most important legal matters.
When choosing the right Florida Lawyer, you need a firm with a history of success. Our legal team holds an impressive rating of 4.6 out of 5 stars on Avvo.com and over 300 5-star reviews on Google.
Experience. Integrity. Results.
The Law Offices of Travis R. Walker
Your 3-Step Plan to Establish Protective Guardianship
-
Schedule Your Confidential Consultation
Call our office or complete our contact form to schedule a confidential consultation. We’ll listen to your situation and explain your options under Florida law. -
Develop a Customized Legal Strategy
Our legal team will evaluate whether guardianship is necessary or if less restrictive alternatives exist. We’ll create a customized plan to protect your loved one. -
We Handle the Chapter 744 Court Process
From filing petitions to court appearances, we guide you through every step of Chapter 744 proceedings—so you can focus on what matters most: your family.
Florida Guardianship FAQ: Answers from Our Attorneys
What is guardianship under Florida law?
Guardianship is a legal proceeding in Florida circuit courts where a guardian is appointed to exercise the legal rights of an incapacitated person (called a “ward”) or a minor. The process is governed by Chapter 744 of the Florida Statutes and requires court oversight to ensure the ward’s best interests are protected.
What's the difference between plenary and limited guardianship?
Guardianship is a legal proceeding in Florida circuit courts where a guardian is appointed to exercise the legal rights of an incapacitated person (called a “ward”) or a minor. The process is governed by Chapter 744 of the Florida Statutes and requires court oversight to ensure the ward’s best interests are protected.
How is someone determined to be incapacitated?
Guardianship is a legal proceeding in Florida circuit courts where a guardian is appointed to exercise the legal rights of an incapacitated person (called a “ward”) or a minor. The process is governed by Chapter 744 of the Florida Statutes and requires court oversight to ensure the ward’s best interests are protected.
Who can serve as a guardian in Florida?
Guardianship is a legal proceeding in Florida circuit courts where a guardian is appointed to exercise the legal rights of an incapacitated person (called a “ward”) or a minor. The process is governed by Chapter 744 of the Florida Statutes and requires court oversight to ensure the ward’s best interests are protected.
Are there alternatives to guardianship?
Guardianship is a legal proceeding in Florida circuit courts where a guardian is appointed to exercise the legal rights of an incapacitated person (called a “ward”) or a minor. The process is governed by Chapter 744 of the Florida Statutes and requires court oversight to ensure the ward’s best interests are protected.
What triggers the need for a minor guardianship?
Guardianship is a legal proceeding in Florida circuit courts where a guardian is appointed to exercise the legal rights of an incapacitated person (called a “ward”) or a minor. The process is governed by Chapter 744 of the Florida Statutes and requires court oversight to ensure the ward’s best interests are protected.
