FAQs About Guardianship

What Is Guardianship?

A guardian is a person a court appoints to care for a child or adult called a "ward."

When a minor child's parents pass away or lose their parental rights, the court will appoint a legal guardian to make crucial decisions for the child until they turn 18. For children with disabilities who need help in daily decision-making, parents might want to appoint themselves or a trusted relative as guardian.

A court may also appoint a guardian for an adult who develops dementia or suffers cognitive or physical disabilities. You must file a petition to determine incapacity so the court can determine if the adult requires legal guardianship.

A lawyer for legal guardianship with our guardianship law firm can help you file the appropriate petitions with the court so that you can rest easy knowing you have secured the proper care for your loved one.

What Are the Types of Guardianship in Florida?

Full guardianship is for people who cannot care adequately for themselves and need a full-time guardian to act as their primary caregiver and decision-maker.

Limited guardianship is for people who only need help in certain areas, like managing their finances and property. They may still be fully capable of dressing and feeding themselves, doing chores around the house, or other daily tasks. Consult a guardianship attorney at our firm to learn more about different guardianship types.

What Are the Responsibilities of a Guardian?

A guardian of a person makes decisions about the ward's living arrangements, medical procedures, medication, physical therapy, transportation, nutrition, and other day-to-day decisions.

A guardian of an estate, also called a conservator, manages financial decisions for the ward, including managing property, paying bills, and using the ward's assets to support the person during their incapacity.

How Do I File for Guardianship for an Elderly Family Member?

You can only petition for guardianship of an elderly family member if the court judges them to be legally incompetent, either fully or partially. You must first file a petition to determine the incapacity of your family member before you can file a petition to appoint a guardian.

Guardianship is a last resort measure. Before appointing a guardian, the court will prioritize Trusts, Powers of Attorney, and Advance Healthcare Directives. Ask an elderly guardianship attorney at our firm for more information.