What Is Guardianship Law and Why Is a Probate Attorney Essential?
Guardianship in Florida is a legal process used to protect individuals such as minors, adults with disabilities, or elderly loved ones who can no longer manage their personal or financial affairs. Because it directly impacts a person’s rights, guardianship is court-supervised and must be handled with care.
At Nuñez Estate Law & Title, our probate attorneys help families navigate this complex process, ensuring that guardianships are appropriate, lawful, and in the best interest of those who need protection.
What Is the Purpose of a Legal Guardianship?
A legal guardian is appointed to act in the best interests of the individual—known as the ward—to make decisions about finances, healthcare, and personal well-being. Types of guardianship in Florida include:
Guardianship of a minor: When a child’s parents are deceased, incapacitated, or deemed unfit.
Adult guardianship: When an adult is unable to make informed decisions due to medical, cognitive, or developmental issues.
Voluntary guardianship: When a competent adult seeks assistance in managing their affairs.
What Does a Probate Attorney Do in Guardianship Cases?
- File the initial petition and legal documentation with the appropriate Florida court
- Obtain evaluations and reports from required examining committee professionals
- Represent clients at hearings for the appointment of guardian
- Ensure legal standards of incapacity are met and due process is followed
- Help prepare annual reports, guardianship plans, and financial accountings
- Address disputes, modify guardianships, or petition for termination when appropriate
- Guide guardians through court procedures and fiduciary duties
Why Guardianship Requires a Skilled Probate Attorney
Guardianship is a serious legal responsibility, and even small mistakes can delay the case or violate the ward’s rights. A probate attorney helps protect the interests of both the guardian and the ward, ensuring full legal compliance with Florida guardianship statutes.
Additionally, when families disagree about who should serve as guardian—or whether guardianship is necessary at all—having experienced legal counsel is crucial to resolving conflicts and protecting the vulnerable person’s best interests.
Get Compassionate Legal Guidance from Nuñez Estate Law & Title
At Nuñez Estate Law & Title, we represent family members and professional guardians in both contested and uncontested legal custody matters. Based in Miami, we serve clients throughout Florida with the personalized support they need to navigate legal custody confidently and legally.
Whether you are petitioning for legal custody of a loved one or responding to a court action, our team is here to help every step of the way.