What Is Adult Guardianship?
In Florida, adult guardianship is a legal process used when someone becomes unable to manage their own personal or financial affairs. This might occur due to mental illness, cognitive decline (such as dementia), developmental disability, or serious physical impairments. When this happens, a court may appoint a guardian to make decisions on behalf of the person (referred to as the «ward»).
When Is Guardianship Needed?
Adult guardianship is typically considered only when less restrictive alternatives—such as powers of attorney or health care proxies—are not available or sufficient. It’s usually necessary when:
- A loved one is being financially exploited or neglected
- They can no longer make safe medical or legal decisions on their own
- There is no valid estate plan in place
- There is a dispute between family members about how to handle their care
In these cases, guardianship provides legal authority to act in the best interest of the individual, ensuring that they receive proper care and protection.
Types of Guardianship in Florida
Florida offers several types of guardianships based on the person’s level of capacity:
- Plenary Guardianship: Full authority over the ward’s person and property.
- Limited Guardianship: Authority over only certain areas of the ward’s life, depending on their specific needs.
- Emergency Temporary Guardianship: For urgent situations that require immediate legal intervention.
Each type requires court involvement, evaluations, and ongoing legal compliance.
Why Guardianship Can Be Complex
The guardianship process can be legally and emotionally complicated. It involves:
- Filing formal petitions with the court
- Medical or psychological evaluations
- Hearings to determine incapacity
- Periodic reporting and financial accountings
This is why working with a qualified Florida guardianship attorney is critical to ensure compliance and avoid unnecessary delays or conflicts.
Is Guardianship Only for Adults?
Absolutely not. Guardianship applies to anyone who cannot legally, physically, or mentally make decisions for themselves—not just elderly adults.
This includes:
- Children who have lost both parents or whose parents are unfit
- Adults with special needs, including developmental or cognitive disabilities
- Minors who inherit property or settlements requiring financial management
Guardianship helps ensure these individuals are properly cared for and that their best interests are protected, both personally and financially.
Schedule a Consultation to Protect Your Loved Ones
At Nuñez Estate Law & Title, we understand how deeply personal these situations can be. Whether you’re considering guardianship for a parent, child, or a loved one with special needs, we are here to guide you through the process with clarity and compassion.
Guardianship isn’t one-size-fits-all. The best way to protect those you love is to sit down with an attorney who can evaluate your case and offer the right legal strategy.
