Guardianship Attorney

What Is Florida Guardianship

What Is Guardianship in Florida?

Florida guardianship is a court-authorized legal arrangement that grants a designated person or organization legal authority to manage the personal affairs, financial affairs, or both, of a minor child or an adult who lacks the legal capacity to make decisions independently, governed by Florida Statutes Chapter 744. The circuit court supervises every Florida guardianship from appointment through termination.

Florida has one of the highest guardianship caseloads in the United States. The U.S. Census Bureau 2022 ACS reports that 20.9% of Florida’s population is age 65 or older, the highest percentage of any state. The Alzheimer’s Association 2023 Florida Fact Sheet documents that 580,000 Florida residents currently live with Alzheimer’s disease, a leading cause of adult incapacity.

Guardianship Is a Last Resort

Florida courts require petitioners to demonstrate that no less restrictive alternative adequately protects the alleged incapacitated person before appointing a guardian. A properly drafted estate plan eliminates the need for guardianship in most circumstances.

Personal Protection

A guardian of the person makes healthcare, residential, and daily living decisions for the ward under court supervision.

Financial Protection

A guardian of the property manages assets, income, and financial transactions on behalf of the ward with annual court accountings.

Court Oversight

Annual reporting requirements ensure the ward's rights and assets receive ongoing judicial protection throughout the guardianship.

Who Needs a Guardianship Attorney

When a Florida Guardianship Attorney Is Required

Florida Statutes Section 744.334 requires petitioners in guardianship proceedings to be represented by a Florida Bar licensed attorney.

Adult Incapacity Diagnosis

Dementia, Alzheimer's disease, traumatic brain injury, or another condition that eliminates decision-making capacity.

Minor Child Without Parents

Both parents are deceased, incapacitated, or legally unable to provide care for a minor child.

Minor Inheritance Over $15,000

A minor is set to receive an inheritance or personal injury settlement exceeding $15,000 under Florida Statutes Section 744.301.

Emergency Protection Needed

An immediate threat to a person's welfare or financial assets requiring court-authorized protection within 24 to 48 hours.

Contested Guardian Selection

Family members dispute who serves as guardian of an incapacitated adult requiring court resolution.

Guardian Removal or Change

An existing guardian requires removal, substitution, or court-supervised transition due to misconduct or changed circumstances.

Types of Florida Guardianship

Florida Guardianship Types

Florida law establishes 7 distinct guardianship types. Each carries different legal authority, court obligations, and ward rights under Chapter 744.

Plenary Guardianship

Grants full legal authority over all personal and financial decisions for a ward found totally incapacitated under Florida Statutes Section 744.102(9)(b). Removes 9 specific civil functions.

Required only when ward lacks capacity in all functional areas
No less restrictive alternative must adequately protect the ward
Examining committee evaluates specific functional limitations
Court determines appropriate scope of authority

Limited Guardianship

Grants authority only over the specific rights the ward lacks capacity to make, preserving all other legal rights, under Florida Statutes Section 744.102(9)(a). Florida’s preferred approach.

Order specifies exactly which rights transfer to guardian
Ward retains all rights not removed by the court order
Tailored to specific incapacity findings by examining committee
Least restrictive intervention sufficient to protect the ward

Guardian of the Person

Legal authority over the ward’s personal decisions including healthcare, residential placement, daily activities, and education under Sections 744.3215 and 744.361.

Determines the ward's primary residence
Consents to or refuses medical treatment
Applies for government and public benefits
Files annual guardianship plan within 60 days of appointment

Guardian of the Property

Legal authority to manage, invest, and account for all financial assets belonging to the ward under Sections 744.441 and 744.3678.

Manages bank, investment, and retirement accounts
Pays bills, taxes, and living expenses
Files verified annual accounting within 90 days of fiscal year end
Failure to file is grounds for removal under Section 744.474

Emergency Temporary Guardianship

Expedited appointment granting immediate protective authority when an imminent threat requires action before full incapacity determination under Section 744.3031.

Court order issued within 24 to 48 hours in urgent cases
Lasts no longer than 90 days
Limited strictly to the specific emergency circumstances
Full incapacity hearing scheduled within the 90-day period

Guardianship of a Minor

Court-authorized arrangement for a child under 18 when both parents are deceased, incapacitated, or unable to exercise parental authority under Chapter 744.

Also applies when minor inherits or receives assets over $15,000
Terminates automatically when child reaches age 18
Surety bond required for assets exceeding $50,000 under Section 744.351
Testamentary trust eliminates need for court-supervised guardianship

Preneed Guardianship Designation

A preneed guardianship designation is a written document made by a competent adult naming their preferred guardian in advance, under Florida Statutes Section 744.3045. It is one of the most important estate planning documents available. It must be signed before 2 witnesses and a notary. Florida courts give the designation significant weight in determining guardian appointment.

The Florida Guardianship Process

Florida guardianship for an incapacitated adult follows a structured 10-step court process from petition filing to Letters of Guardianship issuance. The process takes 60 to 120 days on average in uncontested cases.

File Petition to Determine Incapacity

Filed with the circuit court alleging specific facts establishing the respondent's inability to manage personal or financial affairs.

Court Appoints Examining Committee

3-member committee appointed within 5 days: 1 licensed physician, 1 mental health professional, 1 lay person with no financial interest.

Examining Committee Evaluates the Respondent

Each member independently evaluates and submits a written report to the court within 15 days detailing functional limitations and recommended scope.

Court Appoints Attorney for Respondent

Florida Statutes Section 744.331(2) requires the court to appoint counsel for the respondent at no cost, regardless of financial situation.

Incapacity Hearing

Evidentiary hearing within 14 days of committee reports. Court enters an Order Determining Incapacity specifying which rights the respondent lacks capacity to exercise.

File Petition for Appointment of Guardian

Petitioner files naming the proposed guardian and establishing their qualifications under Florida Statutes Section 744.334.

Background Investigation

Criminal background investigation required under Section 744.3135. Felony convictions or convictions for dishonesty and exploitation disqualify candidates.

Guardian Education Course

All guardians must complete a minimum 8-hour court-approved guardianship education course within 4 months of appointment under Section 744.3145.

Court Enters Order of Appointment

The circuit court enters an Order Appointing Guardian and issues Letters of Guardianship granting authority to act on behalf of the ward.

Initial Guardian Reports Filed

Guardian of the person files initial guardianship plan within 60 days. Guardian of the property files initial asset inventory within 60 days under Section 744.362.

What a Guardianship Attorney Does

What a Florida Guardianship Attorney Handles

Attorney Schoonover performs 10 core functions in Florida guardianship proceedings from petition filing through annual compliance. Guardianship proceedings involve strict statutory deadlines and mandatory court filings that require experienced legal representation.

Prepares and files the Petition to Determine Incapacity

Coordinates examining committee appointment and schedule

Prepares and files the Petition for Appointment of Guardian

Represents petitioner at incapacity hearing before circuit judge

Obtains Letters of Guardianship from the court clerk

Prepares the initial guardianship plan and initial asset inventory

Guides guardian through required 8-hour education course enrollment

Prepares annual guardianship plans and annual accountings

Petitions court for guardian authority requiring prior approval

Files petitions for restoration of capacity when appropriate

Ward Rights

Rights a Ward Retains in Florida Guardianship

Florida Statutes Section 744.3215 guarantees that every ward retains 14 fundamental rights that no guardian can remove, regardless of the scope of the guardianship order.

Right to have a qualified guardian appointed

Right to an annual review of the guardianship

Right to petition for restoration of capacity at any time

Right to be treated with dignity and respect

Right to receive visitors, telephone calls, and personal mail

Right to receive necessary services and rehabilitation

Right to a clean and safe living environment

Right to be free from abuse, neglect, and exploitation

Right to religious and cultural observance

Right to participate in social activities

Right to education and training consistent with capacity

Right to medical care consistent with healthcare standards

Right to be free from unnecessary chemical and physical restraints

Right to personal privacy

Consequences for Violating Ward Rights

A guardian who violates a ward’s retained rights faces removal under Florida Statutes Section 744.474 and potential criminal prosecution under Florida’s Adult Protective Services statutes.

Annual Guardian Duties and Costs

Annual Compliance Duties and What Florida Guardianship Costs

A Florida guardian files 2 mandatory annual reports with the circuit court within 90 days of the end of the guardianship fiscal year under Florida Statutes Sections 744.367 and 744.3678. A guardian who fails to file faces show cause orders, court sanctions, and potential removal.

Annual Filing Requirements

Annual Report	Key Contents
Annual Guardianship Plan	Current residential placement, medical treatment plan, social activities, professional evaluations, ward's functional summary
Annual Accounting	Opening and closing inventory, all receipts and disbursements, investment activity, net asset change, proposed budget
Filing Deadline	Within 90 days of the end of the guardianship fiscal year, Section 744.3678
Consequence of Failure	Show cause order, court sanctions, and removal as guardian under Section 744.474

Guardianship Cost Breakdown

Cost Component	Typical Range
Attorney fees to initiate (uncontested)	$3,000 to $6,000
Attorney fees to initiate (contested)	$8,000 to $25,000+
Court filing fees	$400 to $1,000
Examining committee fees	$300 to $900
Background investigation	$50 to $200
Guardian education course	$50 to $200
Annual plan and accounting prep	$1,500 to $3,000 per year

Alternatives to Guardianship

Alternatives to Guardianship in Florida

Florida courts require petitioners to demonstrate that no less restrictive alternative adequately protects the alleged incapacitated person before appointing a guardian. Four legal instruments prevent guardianship entirely for Florida adults who plan in advance.

The Planning Advantage

A Florida adult who executes all four documents before incapacity eliminates the need for court-supervised guardianship entirely in most circumstances saving $3,000 to $10,000 in initiation costs plus $1,500 to $3,000 in recurring annual compliance costs. Attorney Schoonover integrates all four protective documents into every estate plan she drafts.

Guardianship and Estate Planning

Guardianship and Estate Planning in Florida

A complete estate plan eliminates the need for most guardianship proceedings by designating agents for financial and healthcare decisions before incapacity occurs.

Estate Planning Document	Guardianship It Replaces
Durable power of attorney	Guardian of the property
Healthcare surrogate designation	Guardian of the person
Revocable living trust	Guardian of the property for trust assets
Preneed guardian designation	Reduces contested guardian selection
Testamentary guardian in will	Guardian of minor children after parent's death

Without These 4 Documents

A Florida adult without these 4 documents who becomes incapacitated requires a full Chapter 744 court proceeding taking 60 to 120 days before any protective authority is granted.

With These 4 Documents in Place

Protective authority activates immediately, without court involvement, court costs, or delay. Attorney Schoonover integrates all 4 documents into every estate plan she drafts.

Guardianship Termination Grounds

Ward recovers decision-making capacity · Ward dies · Ward’s assets are fully depleted · Minor ward reaches age 18 · Guardian and ward relocate to another state triggering transfer proceedings.

About the Attorney

Why Choose Attorney Schoonover for Florida Guardianship?

Yanitza Schoonover is a Florida Bar licensed estate planning and probate attorney based in Miami with 13 years of Florida estate law experience. She holds Florida Bar number 124081 with active good standing status and handles every guardianship matter personally, from petition filing through annual compliance obligations.

Every guardianship petition, hearing, and compliance filing handled personally by Attorney Schoonover.

Years in Estate Law

Years Licensed

Consecutive Rising Stars

91h

Weekly Availability

Why Choose Us

Why Choose The Schoonover Law Firm for Florida Guardianship?

Florida guardianship proceedings involve strict procedural requirements, statutory deadlines, mandatory annual filings, and constitutional protections for wards that require experienced legal representation.

Where We Serve

Areas We Serve

The Schoonover Law Firm serves clients statewide across Florida. Attorney Yanitza Schoonover is based at 6303 Waterford District Dr, Suite 400, Miami, FL 33126.

Miami-Dade County

Miami, Hialeah, Coral Gables, Miami Beach, Homestead, Miami Gardens, North Miami, Doral, Aventura, Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Miami Lakes, North Miami Beach, Opa-locka, Sweetwater, Sunny Isles Beach, Bal Harbour, Key Biscayne, Miami Shores, Surfside, Biscayne Park, El Portal, West Miami, Virginia Gardens, Medley, Hialeah Gardens, Florida City, North Bay Village, Bay Harbor Islands, Golden Beach, Miami Springs, Islandia, Westchester, Tamiami, Kendale Lakes, The Hammocks, Fountainebleau, University Park, Olympia Heights, Gladeview, Leisure City, Naranja, Princeton, Three Lakes, Country Club, Kendall

Common Questions

Frequently Asked Questions About Florida Guardianship

What Is the Difference Between a Guardian and a Power of Attorney in Florida?

A guardian is court-appointed after an incapacity proceeding and supervised annually by the circuit court. An agent under a power of attorney is privately designated by the principal before incapacity and operates without court supervision. A durable power of attorney activates immediately upon incapacity. Guardianship requires 60 to 120 days of court proceedings before protective authority is granted.

Who Can Serve as Guardian in Florida?

A Florida guardian must be a resident of Florida or a legally qualified non-resident who is a spouse, sibling, parent, child, or other close relative of the ward under Florida Statutes Section 744.309. Banks and trust companies authorized to conduct business in Florida serve as professional guardians of the property. Individuals with felony convictions or convictions involving dishonesty or exploitation of vulnerable adults are disqualified from appointment under Section 744.309(3).

What Is a Professional Guardian in Florida?

A Florida professional guardian is a person who serves as guardian for 3 or more wards for compensation and must register with the Florida Office of Public and Professional Guardians (OPPG), complete 40 hours of initial training, and maintain 30 hours of continuing education every 2 calendar years under Florida Statutes Section 744.2003 (as amended by ch. 2023-259). Professional guardians undergo background screening, credit checks, and ongoing OPPG oversight. Family members who serve as guardian for a single ward are exempt from professional guardian registration requirements.

Can a Guardian Be Paid in Florida?

Yes. Florida Statutes Section 744.108 authorizes the court to award reasonable compensation to a guardian from the ward’s assets for services rendered. The court sets guardian compensation based on time devoted to guardianship duties, complexity of the ward’s situation, and professional rates for similar services in the community. Family member guardians frequently waive compensation. Professional guardians charge hourly rates typically ranging from $50 to $125 per hour for routine guardianship services.

What Is a Suggestion of Capacity in Florida?

A Suggestion of Capacity is a written document filed with the circuit court by the ward, guardian, or any interested person asserting that the ward has regained sufficient capacity to exercise some or all previously removed rights under Florida Statutes Section 744.464. The court appoints a physician to examine the ward within 20 days of the filing. The court schedules a hearing within 30 days of the physician’s report to determine whether restoration of rights is appropriate.

What Happens When a Guardian Mismanages a Ward’s Assets in Florida?

A guardian who mismanages ward assets faces 4 legal consequences: court-ordered surcharge to restore losses, removal as guardian under Section 744.474, civil liability to the ward and beneficiaries, and potential criminal prosecution under Florida Statutes Chapter 825 for exploitation of a vulnerable adult. The surety bond required in many guardianship appointments provides a financial recovery mechanism for asset losses caused by guardian misconduct. The court imposes surcharge liability personally on the guardian for any loss resulting from breach of fiduciary duty.

Start a Guardianship Proceeding

How Do You Start a Guardianship Proceeding With a Florida Attorney?

Call (305) 299-7496 or schedule a consultation at estateplanningattorney.us. Attorney Schoonover reviews the situation, evaluates whether guardianship alternatives apply, and confirms the correct guardianship type before any petition is filed.

Yanitza Schoonover handles guardianship proceedings for families throughout Miami-Dade County as a licensed Florida guardianship and estate planning attorney with 13 years of Florida estate law experience.

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