What Is Guardianship Law and Why Is a Probate Attorney Essential?
Discover what guardianship law is in Florida and how a probate attorney helps families protect vulnerable loved ones. Learn when and why legal guardianship is necessary.
Guardianship law governs the legal process of appointing someone to care for another individual who is unable to manage their own affairs due to age, illness, or incapacity. In Florida, guardianship may be needed for minors without parents, adults with disabilities, or elderly individuals experiencing cognitive decline.
Because guardianship significantly affects a person’s legal rights and personal freedoms, it is a court-supervised process. A probate attorney plays a critical role in ensuring that the guardianship is legally appropriate, necessary, and properly managed in accordance with Florida law.
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?
A probate attorney helps clients
- 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 guardianship matters. Based in Miami, we serve clients throughout Florida with the personalized support they need to navigate guardianship confidently and legally.
Whether you are petitioning for guardianship of a loved one or responding to a court action, our team is here to help every step of the way.