What You Need to Know About Guardianship in Florida

Posted on June 25th, 2025

Taking on guardianship in Florida isn’t just about signing papers and calling it a day.

It’s stepping into a role where someone’s well-being, safety, and day-to-day decisions rest on your shoulders.

Whether it’s for a child or an incapacitated adult, the responsibility is as real as it gets. For many, this decision starts with a mix of nerves and heart—part legal duty, part human compassion.

Life in South Florida comes with its unique combination of family relationships and legal layers, making guardianship both a personal mission and a legal commitment.

Before you proceed, know this: guardianship is more than a title. It’s about knowing rights, being familiar with court procedures, and making choices that affect another person’s life.

You’re not just managing paperwork; you’re balancing emotional care with legal standards. And while the whole process may seem like a maze at first, it’s built to protect both you and the person you’re helping.

So if you’re reading this, chances are you’re already considering the next step. Stick around—we’re about to break down what really goes into guardianship, minus the legal jargon overload.

Getting Familiar with Legal Guardianship and Its Types in Florida

Legal guardianship in Florida isn’t just a legal title—it’s a serious, court-ordered responsibility that steps in when someone can’t manage their own personal, medical, or financial decisions.

The person receiving this care is called the “ward,” and the person appointed to make decisions is the “guardian.” Florida courts don’t hand out this authority lightly.

They require clear proof that a guardianship is needed and that the person stepping up is qualified, trustworthy, and prepared for the role.

If you’re considering becoming a guardian or simply want to understand the process, it’s important to grasp not just the paperwork involved but the human side of this legal relationship.

Guardianship in Florida is designed to address a range of needs—there’s no one-size-fits-all model here.

The courts recognize that every ward’s situation is unique, so they’ve structured different types of guardianship to match varying levels of need and capacity. Here’s a quick breakdown of three primary types you’re likely to encounter:

Guardianship of a Minor: This comes into play when a child’s parents are unable to care for them due to death, incapacity, or other serious circumstances. The court appoints someone to make personal, medical, and educational decisions on the child’s behalf until they turn 18.

Guardianship of an Adult: This type applies when an adult is found by the court to be incapacitated—often due to age, illness, or disability—and unable to make necessary life decisions. The court determines the extent of incapacity and grants authority accordingly.

Limited Guardianship: In cases where the ward can still handle some aspects of their life, the court may grant limited guardianship. This restricts the guardian’s authority to specific areas like medical decisions or financial management, preserving the ward’s independence where possible.

What all of these types have in common is court oversight and an emphasis on balancing protection with personal freedom. Florida’s guardianship laws are structured to protect vulnerable individuals while preventing unnecessary loss of autonomy.

Being appointed as a guardian means stepping into a legally binding role that requires ongoing reporting, decision-making transparency, and strict adherence to court guidelines.

Before pursuing guardianship, it’s wise to consult with an experienced attorney or legal professional familiar with Florida’s guardianship statutes.

Being familiar with the distinctions between the types, knowing what responsibilities you’ll assume, and preparing for the court process can help guarantee you’re making the right decision—not just for yourself, but most importantly, for the person whose well-being you’ll be entrusted to protect.

Rights and Protections of Wards under Florida Guardianship Law

Taking on guardianship isn’t just about making decisions for someone else—it’s about sensing where your authority stops and their rights begin.

Florida guardianship law puts heavy emphasis on protecting the dignity and personal freedoms of wards, making sure that even those deemed incapacitated aren’t left without a voice.

This legal framework isn’t just a suggestion; it’s a set of guardrails keeping guardianship fair and humane.

Every ward under Florida law holds fundamental rights that stay intact regardless of their situation. The goal is to empower where possible and protect where necessary.

Even with a guardian in place, wards aren’t stripped of their humanity or their say in matters they can handle themselves. To help keep this balance clear, here are just a few of the key rights wards retain:

• The right to be treated with dignity, respect, and fairness at all times.

• The right to participate in decisions affecting them, when capable of doing so.

• The right to manage personal finances and property within their ability.

• The right to receive necessary services and rehabilitation aimed at improving independence.

These protections go beyond simple checkboxes. They’re actively enforced through routine court reviews, where a judge steps in to make sure the guardian is doing right by the ward.

If there’s ever concern over mistreatment or neglect, the court isn’t shy about stepping in—and neither should the ward’s legal counsel, another layer of defense built into the system.

For guardians, this means every decision should pass a simple litmus test: Does this serve the ward’s best interest without crossing their personal boundaries?

Florida courts take this question seriously, and they’ve put systems in place—like mediation and legal oversight—to resolve any disputes that pop up along the way.

By respecting both your responsibilities and your ward’s rights, you’re not just following the law—you’re building a guardianship built on trust, care, and accountability.

What Does The Guardianship Process Looks Like

Becoming a guardian in Florida isn’t just about filling out forms—it’s about stepping into a legal role with real responsibilities and ongoing court oversight.

Florida courts take this process seriously because it affects someone’s basic rights and daily life decisions.

Here’s a streamlined, no-fluff look at the typical guardianship process in Florida:

1. Determine Necessity
   Before filing anything, ask: Is guardianship truly needed? Florida law requires exploring less restrictive alternatives first—think powers of attorney, healthcare surrogates, or trust arrangements. Guardianship is considered a last resort when other options aren’t enough to protect the person in need.

2. File a Petition
   Once you’re sure guardianship is necessary, the next step is submitting a detailed petition to the court. This document explains why the proposed ward needs a guardian, includes medical evidence of incapacity, and lists facts about the proposed guardian’s background and qualifications.

3. Undergo Court Examinations and Hearings
   After filing, the court appoints an examining committee—usually two medical professionals and one layperson—to assess the ward’s capacity. Their evaluations, along with any additional testimony or evidence, are presented during the court hearing. The judge will review everything and decide whether guardianship is warranted and, if so, what type (plenary or limited).

4. Appointment and Ongoing Duties
   If the court approves, you’ll take an oath, post any required bond, and officially become the guardian. But the job doesn’t stop there. You’ll be required to file regular reports, care plans, and financial accountings—proving you’re managing the ward’s affairs responsibly and according to Florida law.

Having an experienced guardianship attorney by your side is more than just convenient—it’s often the difference between a smooth process and an uphill battle with the court system.

Don’t Let Uncertainty Delay The Care And Protection Your Loved Ones Deserve

Choosing to pursue guardianship is more than a legal decision—it’s a deeply personal commitment to protect someone you care about.

With the legal process in Florida as detailed and nuanced as it is, going through the process without experienced counsel can feel overwhelming.

Every step—from filing petitions to attending court hearings and fulfilling ongoing reporting obligations—demands careful attention to both detail and responsibility.

At The Law Office of Laurence S. Scher P.A., located in West Palm Beach, we understand what’s at stake.

Our team brings years of focused experience in family and juvenile law, offering tailored solutions for guardianship cases involving both minors and incapacitated adults.

We’re not here to simply process paperwork—we’re here to advocate for you and the person you’re seeking to protect.

Every situation is different, and that’s why we take the time to listen, assess, and craft a strategy that fits your family’s unique needs.

If you’re ready to take the next step or simply want to ask a few questions, contact us for a consultation here.

You can also call us directly at 561-806-8777 or email us at [email protected].

Let’s work together to provide the care and protection your loved one deserves—with a legal partner who knows the process and stands by you from start to finish.