Guardianship in Florida: What Families Need to Know

When an adult is no longer able to make safe and responsible decisions about their personal or financial life, families often worry about how to step in and help. In Florida, this process is called guardianship, and while it can provide necessary protection, it is also one of the most restrictive legal tools available.

That’s why Florida courts are required to look at less restrictive alternatives—such as powers of attorney, health care surrogates, or trusts—before guardianship is put in place. If you are concerned about a loved one’s ability to manage their affairs, here’s what you need to know about how adult guardianship in Florida works.

What Is Guardianship in Florida?

Guardianship is a court-supervised legal process where a judge appoints a guardian to make decisions for another adult, known as the ward.

• A plenary guardianship gives the guardian full authority over financial, personal, and medical decisions.
• A limited guardianship allows the ward to retain control in areas where they can still act responsibly, while the guardian steps in only where needed.

Unlike some states, Florida does not use the term conservatorship—all such roles are handled under guardianship law.

How Florida Courts Determine Incapacity

Not every poor decision means someone is legally incapacitated. Under Florida law, incapacity exists when a person cannot understand, evaluate, and manage important aspects of their life.

Here’s how the process works:

1. Petition Filed – Anyone concerned about an adult’s welfare may file a petition in probate court.
2. Examining Committee – The court appoints three medical and mental health professionals to evaluate the person.
3. Hearing – The court reviews the committee’s reports, hears testimony, and determines whether the person is incapacitated and to what extent.

Importantly, the alleged incapacitated person has the right to attend the hearing and will be provided an attorney if they cannot afford one.

Who Can Serve as a Guardian in Florida?

Florida law allows a wide range of people and organizations to serve as guardians, including:

• Spouses, adult children, or other family members
• Trusted friends or neighbors
• Registered professional guardians
• Nonprofit organizations or corporations (in certain cases)
• A public guardian, if no one else is available

Whenever possible, Florida courts prefer guardians who know the ward personally and understand their values and preferences.

Guardian Duties and Oversight in Florida

Because guardianship gives one person significant authority over another, Florida requires strong court supervision. Guardians must:

• File an initial inventory of the ward’s property and update it annually
• Submit a care plan detailing the ward’s living arrangements, health, and personal needs
• Provide an annual accounting of how funds are managed
• Act as a fiduciary, always putting the ward’s best interests first

If a guardian fails to carry out their responsibilities, the court can remove and replace them.

Alternatives to Guardianship in Florida

Florida law requires courts to consider less restrictive options before ordering guardianship. Families can often avoid the need for guardianship with proper estate planning tools, including:

• Durable Power of Attorney – Allows a trusted agent to handle financial and legal matters.
• Health Care Surrogate Designation – Authorizes someone to make medical decisions if you cannot.
• Living Trust – Ensures assets are managed by a co-trustee or successor trustee without court involvement.
• Representative Payee – Manages Social Security or veterans’ benefits for someone unable to do so.

These documents not only preserve independence but also save families the time and expense of court proceedings.

Final Thoughts on Guardianship in Florida

Guardianship can be an essential safeguard for vulnerable adults, but it should be considered a last resort. With the right planning, many families can avoid guardianship altogether. If you are worried about a loved one’s capacity—or want to put legal protections in place for yourself—the best step is to speak with an experienced Florida estate planning attorney.

👉 At Emily Hicks Law, we guide Florida families through alternatives to guardianship as well as incapacity planning with care and clarity. Book a call today.