Guardianship in Florida

When a loved one can no longer make decisions for themselves — an aging parent with dementia, an adult child with a developmental disability, or a minor who inherits assets — Florida law provides a court-supervised process for appointing a guardian. We help families through it with care and dignity.

How Florida guardianship works

Guardianship under Chapter 744 of the Florida Statutes begins with a petition to determine incapacity. A court-appointed examining committee evaluates the person; if the court finds incapacity, it appoints a guardian of the person, of the property, or both. Guardians answer to the court through annual reports and accountings — oversight that protects vulnerable people.

Less-restrictive alternatives come first

Florida courts require consideration of alternatives before full guardianship. A well-drafted durable power of attorney, health care surrogate designation, and revocable trust can often avoid guardianship entirely — one of the strongest reasons to plan while you’re healthy. For adults with developmental disabilities, guardian advocacy offers a streamlined path that doesn’t require a finding of incapacity.

We handle

Adult guardianships for aging parents and loved ones facing incapacity, guardian advocacy for adults with developmental disabilities, guardianships of minors, and the planning documents that make guardianship unnecessary.

Worried about a loved one? Call (561) 226-3933 for an in-person or virtual consultation — we serve families throughout Palm Beach, Broward, and Miami-Dade counties.