Are you worried about a loved one who's struggling to manage their affairs? Maybe it's an aging parent, a sibling with special needs, or a friend facing cognitive decline. If you're considering stepping up to become their guardian in Florida, you're not alone. It's a journey that many Floridians find themselves on, often unexpectedly.
Becoming a guardian is more than just a legal process—it's a profound commitment to safeguard someone's well being when they can no longer fully care for themselves. It's about making decisions that honor their wishes and protect their interests. While it can be challenging, it can also be one of the most meaningful ways to support someone you care about.
In this blog, we'll walk you through how to become a guardian in Florida. We'll explore the responsibilities you'll take on, the steps you'll need to follow, and how to navigate this important role. Whether you're just starting to consider guardianship or you're ready to take the next step, we're here to help you understand the path ahead.
Guardianship in Florida
To begin the guardianship process, it's essential to understand what guardianship means in Florida. Guardianship is a legal arrangement where a court appoints someone (the guardian) to make decisions for another person (the ward) who is incapacitated or unable to make decisions for themselves. This incapacity could be due to age, illness, or disability.
The process is governed by Chapter 744 of the Florida Statutes and requires a legal determination that the person is incapacitated, meaning they can no longer manage some or all aspects of their personal or financial affairs. This determination is a crucial step in establishing the need for guardianship and ensures that the rights of the potential ward are protected.
Types of Guardianship in Florida
Florida recognizes several types of guardianship which include:
Voluntary Guardianship
A voluntary guardianship is for mentally competent adults who are unable to manage their own financial affairs. In this case, the individual voluntarily petitions the court to appoint a guardian to help with their estate management.
Involuntary Guardianship
An involuntary guardianship occurs when the court appoints a guardian after determining that the individual is incapacitated and unable to manage their property or meet essential health and safety needs.
Limited vs. Plenary Guardianship
Florida law requires guardianships to be as limited as possible to preserve an individual's independence:
Limited Guardianship: The court appoints a guardian to manage specific areas of the ward’s life when they can still handle other tasks independently.
Plenary Guardianship: This is granted when the individual is fully incapacitated, giving the guardian complete authority over all legal, personal, and financial matters.
Florida courts prioritize protecting individuals' rights by removing decision-making authority only in areas where it is absolutely necessary. This approach makes limited guardianship the preferred option whenever possible.
Qualifications to Become a Guardian
To become a guardian in Florida, you must meet specific qualifications:
Be at least 18 years old
Be a resident of Florida (certain non-residents, including close relatives of the ward, may also qualify)
Not have been convicted of a felony
Be capable of performing the duties of a guardian
Complete the required training course
Steps to Becoming a Guardian in Florida
Complete the Required Training: Florida Law requires all potential guardians to complete a court-approved training course. For guardians of adults, the course is typically 8 hours, while guardians of minors must complete a 4-hour course. This course covers the legal duties and responsibilities of guardianship.
File a Petition for Guardianship: You'll need to file a petition with the circuit court in the county where the proposed ward resides. You’ll typically need a medical evaluation or testimony to demonstrate the proposed ward's incapacity. This petition should include information about you, the proposed ward, and why guardianship is necessary.
Undergo a Background Check: The court will conduct a level 2 background check, which includes fingerprinting and a review of your criminal history.
Attend the Hearing: The court will schedule a hearing to determine if guardianship is necessary and if you're suitable for the role. An examining committee, consisting of three professionals, will evaluate the ward to determine their level of incapacity. The committee may include physicians, psychologists, or other qualified experts. Their findings will help the court decide whether to appoint a guardian. The proposed ward has the right to attend this hearing and object to the guardianship if they wish.
Receive Court Approval: If the court approves your petition, you'll be appointed as guardian. You'll then need to file an oath of guardian and receive letters of guardianship.
Fulfill Ongoing Requirements: As a guardian, you'll have ongoing responsibilities, including filing annual reports with the court and managing the ward's affairs according to Florida law. These reports must include details about both the personal well-being of the ward and the management of their assets.
The responsibilities of a guardian depend on the type of guardianship appointed by the court. Not all guardians handle every aspect of the ward’s life.
Is a Guardian Accountable?
Yes, guardians in Florida are held accountable to the court. A guardian must be represented by an attorney, who acts as the "attorney of record" in legal matters. Additionally, guardians are usually required to post a bond (though certain financial institutions and public guardians are exempt from this requirement), and they may also need to complete additional court-approved training programs.
The court’s clerk reviews all annual reports filed by guardians, ensuring that they are fulfilling their duties properly. If a guardian is found to be negligent or acting inappropriately, the court can remove them from their position.
Is Guardianship Permanent?
Guardianship does not have to be permanent. If the ward’s condition improves, they or their family can file a petition with the court to restore their rights. The court will re-evaluate the ward’s condition, and if they are found capable of managing their own affairs again, their rights may be fully or partially restored.
Guardians may also resign from their role by providing notice to the court, but they are still held accountable for their actions while serving.
Alternatives to Guardianship
It's important to note that guardianship is not always necessary. Florida law encourages the use of less restrictive alternatives when possible. These might include:
Power of Attorney
Health Care Surrogate
Trusts
Less restrictive options, such as durable powers of attorney or trusts, can often be set up before a person becomes incapacitated. This allows the individual to plan in advance and maintain more autonomy. Consider these options carefully before pursuing guardianship, as they may provide sufficient protection while preserving more of the individual's autonomy.
Seeking Legal Advice
The process of becoming a guardian in Florida can be complex. While this guide provides an overview, it's advisable to consult with a guardianship attorney. Additionally, guardianship cases often involve input from medical professionals, social workers, and the court, making legal guidance crucial for coordinating these efforts. An attorney can provide personalized advice based on your specific situation and guide you through the legal processes involved.
Becoming a guardian in Florida is a significant undertaking that requires careful consideration, preparation, and ongoing commitment. By understanding the process, responsibilities, and alternatives, you can make an informed decision about whether guardianship is the right choice for your situation. Guardianship is typically considered only after less restrictive options have been ruled out. The goal of guardianship is to protect and support individuals who need assistance, always keeping their best interests at heart.
Considering Guardianship? We're Here to Support You
Facing the possibility of becoming a guardian for a loved one can be an emotional and challenging time. At Denise Jomarron Legal Group, we recognize the weight of this situation and the care you're showing for your family member or friend. Our team is here to offer support, guidance, and understanding as you explore your options.
As Miami guardianship attorneys, we've walked alongside many South Florida families through similar circumstances. We're ready to listen to your concerns, answer your questions, and provide the legal insight you need to make informed decisions.
Your commitment to your loved one's well-being is admirable, and we're here to help you honor that commitment in the most effective way possible. Whether you need more information about guardianship or you're ready to take the next steps, we invite you to reach out.
If you’ve been searching online for “guardianship attorneys near me,” call us instead or complete our confidential online form to schedule a consultation. Let's work together to find the best way to protect and care for your loved one, ensuring their dignity and quality of life.
At Denise Jomarron Legal Group, we help family members and caregivers of disabled children and incapacitated seniors by guiding them through the guardianship process.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Denise Jomarron Legal Group
4300 Biscayne Blvd., Suite 305
Miami, FL 33137-3255
https://djlegalgroup.com