The Florida Probate Lawyer
Representing Probate Personal Representatives, Trustees, and Beneficiaries Throughout Florida
Main Office:
10161 Centurion Parkway, Ste 310
Jacksonville, Florida 32256
Telephone:  (904) 448-1969
Fax:  (904) 448-5244
Toll Free:  (866) 510-9099
Email: 
info@thefloridaprobatelawyer.com Our 30+ Years of Experience Can Help You Achieve Peace of Mind

Florida Guardianship Law, Florida Guardianship Attorneys and Lawyers

Florida guardianships are governed by Chapter 744 of the Florida Statutes. The Florida Probate Lawyer, PLLC, guardianship attorney and lawyer are experienced in handling all aspects of Florida guardianships under the Florida guardianship law. If your loved one no longer has the ability to manage his or her financial or personal affairs, or if your minor child receives more than $15,000 in an inheritance or lawsuit recovery, please contact us toll free at 866-510-9099so that we can help you determine if a guardianship is appropriate under the Florida guardianship law.

What Is Florida Guardianship Law?
 Frequently Asked Questions about Guardianship Law in Florida.



1. WHAT IS A GUARDIANSHIP IN FLORIDA?

2.  WHAT IS A GUARDIAN?

3.  HOW IS A PERSON DETERMINED TO BE INCAPACITATED IN FLORIDA?

4.  WHO MAY SERVE AS A GUARDIAN UNDER THE FLORIDA GUARDIANSHIP LAW?

5.  WHAT DOES A GUARDIAN DO?

6.  IS A GUARDIAN ACCOUNTABLE?

7.  IS GUARDIANSHIP PERMANENT?

8.  IS GUARDIANSHIP THE ONLY MEANS OF HELPING AN INCAPACITATED PERSON IN FLORIDA?

9.  WHAT ABOUT GUARDIANS FOR MINORS?


1.  WHAT IS A GUARDIANSHIP?

 
A guardianship is a legal proceeding in the circuit courts of Florida
in which a guardian is appointed to exercise the legal rights of an incapacitated person, or to hold the property of a minor child.  (Back to Top of Florida Guardianship Law FAQ)

2.  WHAT IS A GUARDIAN?
 
A guardian is an individual or institution such as a bank trust department appointed by the Florida probate court to care for an incapacitated person-called a "ward"- or for the ward's assets. The person seeking to be appointed as guardian must be represented by a Florida guardianship lawyer or attorney. (Back to Top of Florida Guardianship Law FAQ)

3.  HOW IS A PERSON DETERMINED TO BE INCAPACITATED? 

Any adult, represented by a Florida guardianship attorney or lawyer, may file with the Florida probate court a petition to determine another person's incapacity setting forth the factual information upon which they base their belief that the person is incapacitated. The Florida probate court then appoints a committee of two professionals, usually physicians, and a lay person to examine the person and report its findings to the probate court. The probate court also appoints a guardianship attorney to represent the person alleged to be incapacitated. This attorney is called the attorney ad litem. The purpose of the attorney ad litem is to ensure that the individual's rights are protected. If the examining committee appointed by the probate court concludes that the alleged incapacitated person is not incapacitated in any way, the probate court will dismiss the petition to determine incapacity. If the examining committee finds the person to be incapable of exercising certain rights, however, the probate court schedules a hearing to determine whether the person is totally or partially incapacitated. A Florida guardian is usually appointed at the end of the incapacity hearing.  (Back to Top of Florida Guardianship Law FAQ)

If you need an experienced guardianship lawyer in Florida, please call us toll free at 866-510-9099.

4.  WHO MAY SERVE AS A GUARDIAN? 

Any adult resident of Florida can serve as a Florida guardian. A close relative of the ward who does not live in Florida may also serve as a guardian. Persons who have been convicted of a felony or who are incapable of carrying out the duties of a Florida guardian cannot be appointed. Institutions such as a bank trust department, a nonprofit religious or charitable corporation, or a public guardian, can be appointed guardian, but a bank trust department may only act as guardian of the property, not as guardian of the person. The Florida probate court gives consideration to the wishes expressed by the incapacitated person in a written declaration of preneed guardian or at the guardianship hearing.  (Back to Top of Florida Guardianship Law FAQ)

5.  WHAT DOES A GUARDIAN DO UNDER THE FLORIDA GUARDIANSHIP LAW? 

A Florida guardian who is given authority over any property of the ward shall inventory the property, invest it prudently, use it for the ward's support, and account for it by filing detailed annual reports with the probate court. In addition, the guardian must obtain probate court approval for certain financial transactions.  All of the Florida guardian's contact with the probate court must be through a Florida guardianship attorney or lawyer.

The guardian of the ward's person may exercise those rights that have been removed from the ward and delegated to the guardian, such as providing medical, mental and personal care services and determining the place and kind of residential setting best suited for the ward. The guardian of the person must also present to the probate court every year a detailed plan for the ward's care.  (Back to Top of Florida Guardianship Law FAQ)


6.  IS A GUARDIAN ACCOUNTABLE? 

Yes. Guardians must be represented by a Florida guardianship attorney who will serve as "attorney of record." Guardians are usually required to furnish a bond and may be required to complete a court-approved training program. The Clerk of the Court
reviews all annual reports of guardians of the person and property and presents them to the probate court for approval. A guardian who does not properly carry out his or her responsibilities may be removed.  (Back to Top of Florida Guardianship Law FAQ)

7.  IS GUARDIANSHIP PERMANENT? 

Not necessarily. If a person recovers in whole or part from the condition that caused him or her to be incapacitated, the probate court will have the ward reexamined and can restore some or all of the person's rights.  (Back to Top of Florida Guardianship Law FAQ)

8.  IS GUARDIANSHIP THE ONLY MEANS OF HELPING AN INCAPACITATED PERSON? 

No. Florida law requires the use of less restrictive alternatives to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. If a person creates an advance health care directive and a durable power of attorney
or revocable living trust while competent, he or she may not require a guardian in the event of incapacity.  (Back to Top of Florida Guardianship Law FAQ)

You can download a free statutory legal form for a Florida Designation of Health Care Surrogate and a free statutory legal form for a Florida living will at this website.

If you need a Florida guardianship lawyer, please call us toll free at 866-510-9099.

9.  WHAT ABOUT GUARDIANS FOR MINORS? 

A child's parents are the child's natural guardians and in general may act for the child. In circumstances where the parents die or become incapacitated or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding $15,000, the Florida probate court must appoint a guardian of the minor child's property. Both parents or a surviving parent may make and file with the Clerk of the Court a written declaration naming a guardian of the child's person or property to serve if both parents die or become incapacitated. A guardian may also be designated in a will in which the child is a beneficiary.  (Back to Top of Florida Guardianship Law FAQ)


This material is general legal information about Florida guardianship law. Since the Florida guardianship law is continually changing, some provisions may be out of date. It is always best to consult an experienced Florida guardianship lawyer or attorney about your legal rights and responsibilities regarding your particular Florida guardianship case.

Contact Information

If you would like to ask a question regarding probate or guardianship in Florida, please complete the following information and submit it to us.  We'll respond as soon as possible.  Provide as much detail as you can.  

If you need immediate assistance with a Florida probate matter, trust administration or guardianship in Florida, please call us toll free at 866-510-9099.

First Name:
Last Name:
Address Street 1:
Address Street 2:
City:
Zip Code: (5 digits)
State:
Daytime Phone:
Evening Phone:
Email:
Comments:
Security Code: *  

Florida Probate Lawyers Directory of  Counties and cities in which the estate planning, elder law, asset protection, guardianship, probate lawyers and attorneys affiliated with The Florida Probate Lawyer, PLLC offer our estate plannng, elder law, asset protection, guardianship and probate law services:

Alachua County guardianship attorney

Gainesville, Alachua, Hawthorne, High Springs, Waldo, Newberry, Micanopy

Bay  

Panama City, Panama City, Beach, Lynn Haven, Youngstown

Baker  

Macclenny, Glen Saint Mary

Bradford guardianship lawyer  

Starke, Brooker, Hampton

Brevard  

Cocoa, Cocoa Beach, Merritt Island, Titusville, Melbourne, Palm Bay, Cape Canaveral, Satellite Beach, Rockledge, Barefoot Bay, Indialantic, Malabar

Broward  

Ft. Lauderdale, Davie, Sunrise, Weston, Coral Springs, Pompano Beach, Hollywood, Hallendale, Plantation, Dania Beach, Coconut Creek, Deerfield Beach, Lauderhill, Lighthouse Point, Margate, Miramar, Oakland Park, Pembroke Pines, Tamarac, Wilton Manors, Hillsboro Beach, Pembroke Park, Cooper City, Port Everglades, Sea Ranch Lakes, Southwest Ranches

Calhoun  

Blountstown

Charlotte  

Punta Gorda, Charlotte, Port Charlotte, Palm Island

Citrus  

Crystal River, Homosassa Springs, Inverness

Clay County guardianship attorney

Orange Park, Middleburg, Green Cove Springs, Keystone Heights, Penny Farms

Collier  

Naples, Marco Island, Everglades City, Golden Gate, Immokalee, Palm River Estates, Ochopee

Columbia County guardianship lawyer

Lake City, Fort White

DeSoto  

Arcadia, Brownville, Fort Ogden, Hull, Pine Level, Platt

Dixie  

Cross City, Horseshoe Beach, Old Town

Duval County guardianship attorney

Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach

Escambia  

Pensacola

Flagler County guardianship lawyer

Palm Coast, Flagler Beach, Bunnell, Beverly Beach, Marineland

Franklin  

Apalachicola

Gadsden  

Quincy, Chattahoochee

Gilchrest  

Trenton

Glades  

Moorehaven

Gulf  

Port St. Joe, Wewahitchka

Hamilton  

Jasper, White Springs

Hardee  

Wauchula

Hendry  

Clewiston, LaBelle

Hernando  

Brooksville, Weeki Wachi

Highlands  

Avon Park, Sebring, Lake Placid, Leisure Lakes

Hillsborough  

Tampa, Plant City, Temple Terrace, Apollo Beach, Brandon, Lutz, Ruskin, Sun City Center, Riverview, Dover, Thonotosassa, Ybor City

Holmes  

Bonifay

Indian River  

Vero Beach, Indian River Shores, Fellsmere, Sebastian

Jackson  

Marianna

Jefferson  

Monticello

Lafayette  

Mayo

Lake  

Altoona, Clermont, Eustis, Fruitland Park, Lady lake, Leesburg, Minneola, Mount Dora, Tavares, Umatilla

Lee  

Fort Myers, Bonita Springs, Cape Coral, Fort Myers Beach, Sanibel, Boca Grande, Estero, San Carlos Park, Lehigh Acres, Waterway Estates

Leon  

Tallahassee

Levy  

Bronson, Cedar Key, Chiefland, Williston, Yankeetown

Liberty  

Bristol

Madison  

Madison

Manatee  

Bradenton, Anna Maria Island, Bradenton, Holmes Beach, Longboat Key, Palmetto, Myakka City

Marion  

Ocala, Leesburg, Belleview, Citra, Dunnellon, Salt Springs, Weirsdale

Martin  

Stuart, Sewall’s Point, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City

Miami-Dade  

Miami, Coral Gables, Coconut Grove, South Miami, Kendall, Homestead, North Miami, North Miami Beach, Miami Beach, Hialeah, Miami Shores, Miami Lakes, Aventura, Bal Harbour, Bay Harbor Islands, Hialeah Gardens, Key Biscayne, Pinecrest, Surfside, Cutler Bay, Doral, Golden Beach, Indian Village, Islandia, Medley, Miami Gardens, North Bay Village, Sunny Isles Beach, Sweetwater, Virginia Gardens, Florida City, Goulds, Biscayne Park

Monroe  

Key West, Islamorada, Key Largo, Marathon, Big Pine Key, Key Colony Beach, Sugarloaf Key, Tavernier

Nassau County guardianship attorney

Fernandina Beach, Amelia Island, Hilliard, Yulee, Callahan

Okaloosa  

Fort Walton Beach, Niceville, Cinco Bayou, Destin, Shalimar Valparaiso

Okeechobee  

Okeechobee

Orange  

Orlando, Lake Buena Vista, Apopka, Edgewood, Maitland, Ocoee, Windemere, Winter Garden, Winter Park, Zellwood

Osceola  

Kissimmee, St. Cloud, Celebration

Palm Beach  

Palm Beach, West Palm Beach, North Palm Beach, Lake Worth, Boca Raton, Delray Beach, Boynton Beach, Greenacres, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Lake Park, Lantana, Ocean Ridge, Palm Beach Gardens, Royal Palm Beach, Wellington, Pahokee, Tequesta, Riviera Beach, Loxahatchee, Manalapan, Ocean Ridge, Glen Ridge

Pasco  

New Port Richey, Bayonet Point, Gulf Harbors, Dade City, Holiday, Hudson, Land O’Lakes, Odessa, St. Leo, Zephyrhills

Pinellas  

St. Petersburg, Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, Tarpon Springs, Treasure Island, Belleair, Madeira Beach, North Redington Beach, Seminole, Indian Rocks Beach                              

Polk  

Lakeland, Auburndale. Bartow, Eagle Lake, Fort Meade, Haines City, Lake Alfred, Lake Wales, Winter Haven, Frostproof, Polk City, Highland Park, Indian Lake Estates

Putnam County guardianship attorneys

Palatka, Interlachen

Santa Rosa  

Gulf Breeze, Milton

Sarasota  

Sarasota, Longboat Key, North Port, Venice

Seminole  

Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs

St. Johns County guardianship lawyer

St. Augustine, St. Augustine Beach, Ponte Vedra Beach, Nocatee, Crescent City, Melrose, Pomona Park, Welaka

St. Lucie

Fort Pierce, Port St. Lucie

Sumter  

Wildwood, Bushnell, The Villages

Suwannee  

Live Oak

Taylor  

Perry, Steinhatchee

Union guardianship attorney  

Lake Butler

Volusia guardianship attorneys  

Daytona Beach, Ormond Beach, New Smyrna Beach, Deland, Deltona, Edgewater, Holly Hill, Ponce Inlet, Port Orange

Wakulla  

 

 

 

Walton  

DeFuniak Springs, Seaside

Washington  

Chipley

 

 

Website Builder