Home » Practice Areas » Guardianships
What You Need to Know About Guardianship Actions


When an individual is unable to handle their own affairs or make senoir married couple in lovedecisions for themselves due to incapacity or another legal disability, Florida allows the appointment of a guardian. A  guardianship lawyer can explain what is expected of guardians and how to go about getting appointed as one.

Guardians for Minor Children

Parents are the legal guardians for their minor children. However, in the event the parents are unavailable (due to death, overseas deployment, mental health issues, etc.), the court may appoint someone else to step in and have legal authority to make decisions and care for the child. Parents may designate their preferred guardian for their children in the event one is needed in their will but the probate court judge will ultimately appoint one.

Guardians for Incapacitated Adults

In some circumstances, an adult may no longer be able to care for or make decisions for themselves. When that happens, the court may appoint a legal guardian. Before a guardianship can be granted, a panel of three (including two licensed medical professionals) must examine the individual and render an opinion of their mental state. The court will then enter an order appointing a guardian to act for the best interests of the incapacitated adult.

Basic Responsibilities of a Guardian

Guardianship is a big responsibility and not one that should be entered into lightly. A guardian has a fiduciary responsibility to their ward (whether it is a minor child or incapacitated adult) and to the court. The guardian must act in the ward’s best interests and account to the court for their actions and for any money or property payable to the ward. Guardians are entitled to reasonable compensation for their services but must be prepared to provide documentation of expenses.

A guardianship lawyer can assist with preparing the documents to request appointment of a guardianship and answer questions about the responsibilities a guardian assumes.

For assistance with guardianship or other probate matters, contact a knowledgeable Clermont guardianship attorney at the offices of Merideth Nagel, P.A., Attorney at Law. Call 352-394-7408 to set up an initial consultation. Serving Lake, Sumter, Orange and Marion Counties.


  • captcha
  • I have read the disclaimer.
  • Press Esc to close

Serving West Orange County, Lake County, Sumter County & Marion County


    The more I get to know her the more convinced I am that she is the right attorney for me. The compassion and integrity I have seen is quite remarkable and I highly recommend you use her office to service… ~ Kelly,


    Ms. Nagel represented my wife and I in a bankruptcy case and also in a recent real estate transaction. I felt compelled to share our experience. Ms Nagel and all of her staff handled everything in a very professional matter… ~ Mike,


    Merideth Nagel has been a help to me, over the last 10 years, for multiple legal issues! As her client, and as a realtor who utilizes her real estate and title services, Merideth, along with her phenomenal staff, has afforded… ~ Tiki Jackson,


    “If it weren't for Merideth Nagel and her top-notch team of seasoned professionals, I shudder to think where my family would be today. At this firm, you are not a name, a face, a case number, or a quagmire. You… ~ Heather, Clermont


    “Merideth and her team have been a real blessing to me over the years! She helped me with real estate several times and estate planning. I can recommend her with full confidence!” ~ Nancy, Orlando


    “We utilized Nagel Law to assist us with a real estate transaction a little over a year ago. Merideth and her entire staff treated us with the utmost professionalism as well as eased our minds pertaining to this transaction. We… ~ Lynette, Orlando