Florida Guardianship Attorneys | Representing Guardians & Wards
Experienced Florida Guardianship Lawyers | Martin Law Firm
At Martin Law Firm, we provide comprehensive legal representation in Florida guardianship law, advocating for both guardians and wards. Whether you need assistance establishing guardianship, protecting a loved one, or navigating guardianship disputes, our experienced attorneys are here to guide you through the complex legal process with compassion and skill.
What is Guardianship in Florida?
Guardianship is a legal arrangement where a court appoints a guardian to manage the affairs of an incapacitated adult or minor who cannot make decisions independently. Florida law provides clear guidelines on when and how a guardianship can be established, ensuring the ward’s rights and best interests are protected.
At Martin Law Firm, our Florida guardianship attorneys help clients:
- Petition for guardianship of an adult or minor.
- Defend against unnecessary or contested guardianships.
- Ensure compliance with Florida guardianship laws.
- Resolve disputes between family members regarding guardianship.
- Assist guardians with fulfilling their legal responsibilities.
Types of Guardianship in Florida
Florida law recognizes different types of guardianship, depending on the ward’s needs and level of incapacity. Our firm represents guardians, family members, and individuals under guardianship (wards) in cases involving:
1. Guardianship of an Incapacitated Adult
When an adult becomes unable to manage their personal, financial, or medical affairs, a court may appoint a legal guardian to act on their behalf. Common reasons for adult guardianship include:
✔ Alzheimer’s disease or dementia
✔ Traumatic brain injuries
✔ Severe mental illness
✔ Developmental disabilities
Florida law requires a legal process to determine incapacity, which includes:
- Filing a petition to determine incapacity.
- A court-appointed examining committee evaluating the individual.
- A judge ruling on whether a guardian should be appointed.
Our attorneys represent both guardians and wards in these proceedings, ensuring a fair and just outcome.
2. Guardianship of a Minor
Guardianship of a minor may be necessary when parents are unable to care for their child due to:
✔ Death or incapacity of a parent
✔ Parental substance abuse or incarceration
✔ Dangerous living conditions
In these cases, a guardian is appointed to provide legal care and decision-making authority for the child’s welfare, including education, healthcare, and finances.
3. Limited vs. Plenary Guardianship
Florida allows for different levels of guardianship based on the ward’s level of incapacity:
- Limited Guardianship – The ward retains some rights, while the guardian has control over specific areas (e.g., financial decisions).
- Plenary Guardianship – The guardian assumes full control over the ward’s personal, financial, and medical decisions.
Our attorneys ensure that guardianships are structured appropriately, protecting both the guardian’s authority and the ward’s rights.
Florida Guardianship Process: What to Expect
The Florida guardianship process can be legally complex, requiring strict adherence to state laws. Here’s what you can expect:
1. Filing a Petition for Guardianship
To begin the guardianship process, a petition is filed in Florida’s probate court, requesting the appointment of a guardian. This petition must detail:
- Why guardianship is necessary.
- The ward’s current condition.
- The proposed guardian’s qualifications.
2. Determining Incapacity (for Adult Guardianship Cases)
A court-appointed examining committee (usually consisting of a physician, psychiatrist, and social worker) evaluates the alleged incapacitated person (AIP).
The court then determines whether full or limited guardianship is appropriate.
3. Guardian Appointment & Responsibilities
If the court grants guardianship, the guardian must:
✔ Make legal, medical, and financial decisions on behalf of the ward.
✔ Submit annual accounting and status reports to the court.
✔ Ensure the ward’s well-being and legal rights are protected.
Our attorneys help guardians fulfill their legal responsibilities while avoiding legal disputes or liability.
Guardianship Disputes & Litigation
Conflicts often arise in Florida guardianship cases, requiring legal intervention. Our attorneys represent clients in:
✔ Contested guardianships – When family members disagree on whether a guardian is needed.
✔ Guardian removal actions – If a guardian is suspected of mismanagement, fraud, or neglect.
✔ Disputes over financial management – Protecting the ward’s assets from misuse or exploitation.
✔ Defending the rights of the ward – Preventing unnecessary guardianships that infringe on individual freedoms.
If you are involved in a guardianship dispute, Martin Law Firm provides aggressive legal representation to protect your interests.
Rights & Responsibilities of Guardians in Florida
Florida law imposes strict requirements on guardians to ensure they act in the ward’s best interest. Guardians must:
✔ Act in good faith and in the ward’s best interest.
✔ Manage financial assets responsibly.
✔ Obtain court approval for major decisions (e.g., selling property, medical procedures).
✔ Submit annual reports and financial accounting.
Failing to meet these obligations may result in removal as a guardian or legal liability. Our attorneys guide new and existing guardians to ensure full compliance with Florida guardianship laws.
Why Choose Martin Law Firm for Guardianship Cases?
At Martin Law Firm, we offer:
✔ Experienced Guardianship Lawyers – Handling simple and complex guardianship cases in Florida.
✔ Representation for Guardians & Wards – Ensuring both guardians and wards receive fair legal treatment.
✔ Compassionate, Personalized Legal Strategies – Tailoring our approach to your unique family situation.
✔ Proven Success in Florida Courts – A track record of favorable outcomes in guardianship proceedings.
Frequently Asked Questions (FAQ) About Guardianship in Florida
1. How long does the guardianship process take in Florida?
It depends on the complexity of the case. Uncontested cases can be finalized in a few months, while disputed cases may take longer due to court hearings and evaluations.
2. Can guardianship be contested?
Yes. Family members or concerned parties can challenge guardianship if they believe:
- The individual is not truly incapacitated.
- The proposed guardian is unfit or acting in bad faith.
3. Do guardians get paid in Florida?
Yes, court-appointed guardians may receive reasonable compensation, typically paid from the ward’s assets.
4. Can a guardianship be terminated?
Yes. Guardianship can end if:
- The ward regains capacity.
- The ward passes away.
- The court finds the guardian has failed in their duties.
Schedule a Consultation with Our Florida Guardianship Attorneys
Whether you need to establish guardianship, defend against a contested case, or navigate legal responsibilities, our attorneys at Martin Law Firm are here to help.
Let us help you protect your loved ones and ensure Florida’s guardianship laws work in your favor. Schedule a consultation today!