FAQ Guardianship Law
What is guardianship in Florida law?
Guardianship in Florida is a legal process where a court appoints a guardian to make decisions for someone who is unable to do so themselves, due to incapacity, disability, or being a minor. This can include decisions about health care, finances, and daily living.
When do you need a legal guardianship in Florida?
A legal guardianship is needed when an adult becomes mentally or physically incapacitated, or when a minor’s parents are deceased, incapacitated, or unable to care for them. A Florida guardianship attorney can help assess your situation.
What are the types of guardianship available in Florida?
Florida law allows for several types of guardianship: guardian of the person, guardian of the property, limited guardianship, and plenary (full) guardianship. Each serves different needs depending on the ward’s level of incapacity.
How do you file for guardianship in Florida?
To file for guardianship, you must submit a petition to the probate court in the county where the ward resides. The process includes medical evaluations and a court hearing. A Florida guardianship lawyer can guide you through the legal steps.
Can guardianship be avoided through estate planning?
Yes, proper estate planning with tools like a durable power of attorney, healthcare surrogate designation, and revocable living trust can help avoid guardianship proceedings by assigning trusted individuals to manage your affairs in advance.
Who can serve as a court-appointed guardian in Florida?
Qualified guardians in Florida include adult residents and certain close out-of-state relatives. The court evaluates the proposed guardian’s background, criminal record, and ability to act in the ward’s best interest.
What are a guardian’s legal responsibilities in Florida?
Guardians must act in the best interest of the ward and follow court orders. Duties may include managing medical care, financial decisions, and living arrangements. Annual accounting and reports to the court are required.
Does the Florida court monitor guardianship cases?
Yes. Florida guardianships are overseen by the probate court. Guardians must file regular reports and financial disclosures. Court approval is required for major decisions involving the ward’s assets or care.
Can a Florida guardianship be challenged or removed?
Yes, guardianship orders can be contested by family members or other interested parties. If the ward regains capacity or the guardian is not fulfilling their duties, a Florida court may revoke or modify the guardianship.
How much does it cost to establish guardianship in Florida?
Guardianship costs in Florida include court filing fees, attorney’s fees, and ongoing administrative costs. Most guardianships are paid from the ward’s estate if assets are available. An initial consultation with a guardianship lawyer can provide a cost estimate.