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Practice Area

Guardianship

Court-supervised guardianship for adults who can no longer make their own decisions — when documents like a power of attorney are not in place or are no longer enough.

Why It Matters

Guardianship is a legal proceeding in Florida circuit court. The court determines that an adult — the alleged incapacitated person, or AIP — cannot manage their finances or their own care, and it appoints someone (often a family member) as guardian with court-supervised authority to step in.

It is a last resort, not a first step. Whenever a valid durable power of attorney and healthcare surrogate designation exist, those documents almost always do the job without court involvement. Guardianship is what we file when those documents do not exist, are being disputed, or no longer cover what is needed.

We handle both standard guardianship cases and emergency temporary guardianships when there is immediate danger and a permanent guardian cannot be appointed in time.

You may need this if you:

  • A parent or relative is showing signs of incapacity and has no POA on file
  • An existing POA is being misused, ignored by financial institutions, or contested
  • There is an immediate financial or medical crisis and no one has authority
  • A loved one was recently hospitalized and cannot manage discharge decisions
  • You are a parent of a child with disabilities turning 18
  • You suspect financial exploitation and need court oversight to stop it

Our Services

What We Handle

Guardian Petition

Drafting and filing the petition to determine incapacity and appoint a guardian. This includes the three-member examining committee process required by Florida law.

Emergency Temporary Guardianship

When there is immediate danger or a financial crisis, we petition for an ETG to put authority in place within days while the full case proceeds.

Guardian Advocate (Developmental Disabilities)

An alternative to full guardianship for adults with developmental disabilities — less invasive, focused only on areas where help is actually needed.

Less-Restrictive Alternatives

Before filing, we evaluate whether a power of attorney, healthcare surrogate, or supported decision-making arrangement could solve the problem without a guardianship.

Annual Reports & Accountings

Florida guardians file annual plans and accountings with the court. We prepare them, defend them if challenged, and keep guardians out of trouble.

Guardian Removal & Modification

When the wrong person was appointed, when circumstances change, or when capacity is restored, we petition for removal or modification.

Prefer to talk it through first?

Give us a call — we’re happy to answer questions before you start your intake.