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Situations Involving Guardianship In Florida


A guardianship involves one person who is appointed to handle the care or financial affairs of another. Children without parents need a responsible adult looking out for them and making important decisions on their behalf, but there are situations in which a guardian is required for adults. Guardianship proceedings in Florida are intended to establish whether someone is capable of handling their own affairs or whether a guardian is required, and to ensure that the person assuming this role is trustworthy to act in the person’s best interests,

When a Guardianship Is Needed

In guardianship proceedings in the Florida court, a judge will hear evidence from all sides determine whether the circumstances concerning a particular situation require a guardian to be appointed. A guardian for a minor child may be appointed if the parents are deceased or incapacitated in one way or another, or if the child receives a large financial sum through an inheritance, insurance claim or lawsuit. For adults, a guardian may be appointed for an incapacitated adult or one who is otherwise unable to handle their own affairs.

This may be done on a voluntary basis where the person agrees to the guardianship or on an involuntary level, where the evidence indicates this level of protection is required. In terms of the amount of control the guardian has, there are two potential options:

  • A limited guardianship, in which the ward, or person being appointed a guardian, has the capacity to perform some, but not all of the tasks necessary to care for themselves and their property;
  • A plenary guardianship, in which the ward is unable to care or provide for themselves, and the guardian has authority over all legal rights and powers.

Powers and Duties Of A Guardian

The powers and duties of a guardian are dependent on the type of guardianship provided by the court. As listed in the Florida Handbook For Guardians, these may include:

  • Guardians of the person: Granted the power to provide for the reasonable care, support, education, and well being of the ward. This may include making arrangements for appropriate housing, for their daily needs, and ensuring medical care is provided.
  • Guardians of property: Has the duty to exercise diligence in maintaining property and managing accounts, including making payments on debts, obtaining insurance, and paying taxes. The guardian can be held liable for any losses which occur.
  • Guardian of incapacitated adult: For adults with physical or mental conditions that render than unable to take care of themselves, a guardian may have responsibility for making personal, financial, legal, and medical decisions on their behalf.

We Can Assist You Today

Establishing a guardianship is often a sensitive matter, particularly if it occurs on an involuntary basis. Whether you are seeking a guardianship against another or wish to defend yourself or someone you love in proceedings, get the professional legal representation you need and contact the Protect My Assets Law Group. We can arrange a consultation in our Boca Raton office for you to discuss your situation with our experienced guardianship attorney. Call or contact us online today.