Protecting Vulnerable Family Members
Guardianship
Florida guardianship and guardian advocacy for minors, adults with developmental disabilities, and incapacitated adults — handled with care and respect for the ward's dignity.
What is guardianship in Florida?
A Florida guardianship is a court-supervised relationship giving one person legal authority to make decisions for another who cannot make decisions for themselves — a minor, an adult with a developmental disability, or an incapacitated adult.
Guardianships are governed by Chapter 744, F.S., and supervised by the circuit court. Florida courts impose specific reporting and accounting duties on guardians to protect the ward.
When advance planning is in place, guardianship can often be avoided. When it cannot, Lauren guides families through the process with clarity and compassion.
A note for parents
Florida law requires a guardianship of the property when a minor receives more than $15,000 — even if both parents are alive and well.
This often surprises families dealing with a life insurance payout, lawsuit settlement, or inheritance. Lauren regularly establishes these guardianships and serves as counsel to the parent-guardian.
Types of Florida guardianship
Florida law offers several types of guardianship, scaled to the ward's specific needs. Lauren helps families choose the least-restrictive option that still provides protection.
Guardianship of a Minor
When both parents are deceased, incapacitated, or unable to care for a child, a guardian of the person manages the child's daily care and welfare.
Guardianship of Property (Minor)
Required under Florida law when a minor inherits or receives more than $15,000 — even when parents are alive. The guardian manages the funds until the child turns 18.
Guardian Advocacy
A streamlined alternative under Chapter 393, F.S., for adults with developmental disabilities — often used when a child with disabilities turns 18.
Plenary Adult Guardianship
Full guardianship of the person and property for an adult who has been adjudicated incapacitated by the court.
Limited Adult Guardianship
Tailored guardianship that removes only the specific rights the ward cannot exercise — preserving as much autonomy as possible.
Emergency Temporary Guardianship
When immediate danger to a vulnerable person's health or assets exists, a court can appoint an emergency temporary guardian for up to 90 days.
How can adult guardianship be avoided?
Adult guardianship is intrusive and expensive — and almost always avoidable with proper advance planning. The following documents, executed while you are competent, allow your chosen agents to act for you without court involvement:
Durable Power of Attorney
Authorizes a trusted person to handle financial and legal matters if you cannot.
Designation of Health Care Surrogate
Allows your chosen surrogate to make medical decisions when you are unable to.
Living Will
Your written wishes about end-of-life care, sparing your family difficult decisions.
Revocable Living Trust
A successor trustee can manage trust assets immediately if you become incapacitated.
See our Estate Planning page for the full incapacity planning approach.
Florida Guardianship FAQ
What is guardianship in Florida?
A Florida guardianship is a court-supervised arrangement giving one person (the guardian) legal authority to make decisions for another (the ward) who cannot make decisions for themselves. Florida guardianships are governed by Chapter 744, F.S., and overseen by the circuit court.
When is guardianship of property needed for a minor in Florida?
Florida law requires a guardianship of the property when a minor receives more than $15,000 from an inheritance, life insurance, or settlement. Even when both parents are alive and well, a court-supervised guardian must manage those funds until the child turns 18.
What is a guardian advocate in Florida?
Guardian advocacy (Chapter 393, F.S.) is a streamlined alternative to full guardianship for adults with developmental disabilities. It allows a parent or other family member to make specific decisions for the adult without a finding of legal incapacity — often used when a child with a developmental disability turns 18.
How is a Florida guardianship established?
For an adult, a petition is filed alleging incapacity. The court appoints a three-member examining committee, holds a hearing, and — if the person is found incapacitated — appoints a guardian. For minor or property guardianships, the process is simpler and focused on the proposed guardian's qualifications.
How can guardianship be avoided?
For adults, advance planning is the answer: a properly drafted durable power of attorney, designation of health care surrogate, living will, and funded revocable trust mean your chosen agents can act for you without court involvement. Lauren places strong emphasis on this kind of incapacity planning.
Related Practice Areas
Protecting Those Who Need It Most.
Whether you're seeking guardianship for a child, an adult with a disability, or an aging parent — call for a free 15-minute consultation.