Guardian

What Is a Guardian?

A guardian is a person or entity appointed by the court to exercise legal rights on behalf of someone who cannot manage their own affairs. In Florida, guardians are appointed for minor children without a surviving parent and for adults who have been adjudicated incapacitated by the court.

Florida Guardianship Law

Florida guardianship is governed by Chapter 744, Florida Statutes. Key provisions:

Types of Guardianship

• Guardian of the person — Makes personal decisions including medical care, living arrangements, social activities, and education.
• Guardian of the property (plenary) — Manages the ward's financial affairs, including real property, bank accounts, investments, and bill payments.
• Limited guardianship — The court removes only specific rights that the ward cannot exercise, preserving their autonomy in all other areas. Florida law requires the least restrictive form of guardianship.
• Emergency temporary guardianship — Appointed when there is imminent danger to the person or their property. Limited to 90 days.

Guardianship Process

1. Petition — An interested person files a petition for guardianship in circuit court.
2. Examining committee — The court appoints a three-member committee (physician, psychiatrist or psychologist, and a lay person) to examine the alleged incapacitated person.
3. Attorney for the ward — The court appoints an attorney to represent the alleged incapacitated person.
4. Hearing — The court holds a hearing to determine whether the person is incapacitated and, if so, the extent of incapacity.
5. Appointment — If guardianship is warranted, the court appoints a guardian and issues letters of guardianship specifying the guardian's powers.

Alternatives to Guardianship

Florida law encourages the use of less restrictive alternatives:

• Durable power of attorney — Allows a designated agent to manage financial affairs without court involvement.
• Health care surrogate designation — Allows a designated person to make medical decisions.
• Revocable living trust — A successor trustee can manage trust assets if the grantor becomes incapacitated.

Related Terms

• Power of Attorney — Less restrictive alternative to guardianship
• Living Trust — Avoids guardianship for financial assets
• Fiduciary Duty — Guardians owe fiduciary duties to the ward
• Will — Can designate a guardian for minor children

Barnes Walker Guardianship Services

Barnes Walker's attorneys handle guardianship petitions, contested guardianships, and guardianship alternatives throughout Southwest Florida. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC