Guardianship

Helping you protect and support your loved ones with thoughtful legal guidance through the guardianship process.

When Someone Needs Help, We’re Here to Guide You

Guardianship is about protecting individuals who can no longer care for themselves or manage their affairs.

Understanding Guardianship

Guardianship is a legal process used when an individual is unable to manage their personal, medical, or financial affairs due to incapacity. A guardianship attorney can help guide you through this process, ensuring that the appropriate legal steps are taken to protect the individual (known as the “ward”) while respecting their rights and dignity. In Florida, any adult may file a petition to determine whether another person is incapacitated. The person filing the petition is not required to become the guardian, but must provide factual information showing that the individual’s health, safety, or property may be at risk. If the court determines that the person is unable to manage certain aspects of their life, a guardian may be appointed to act in their best interest.

What Is Guardianship?

Guardianship is a court-supervised process where a qualified individual or institution is appointed to make decisions for someone who cannot manage their own affairs.

How Is Incapacity Determined?

The court appoints a committee which typically includes medical professionals, to evaluate the individual through physical, mental, and functional assessments before making a determination.

What Happens After a Petition Is Filed?

If incapacity is established, the court will hold a hearing and determine whether a guardian is necessary, and if so, whether the guardianship should be partial or full.

Are There Alternatives to Guardianship?

Yes. Tools like powers of attorney, trusts, and advance directives may provide protection without the need for guardianship, depending on the situation.

Not Sure What the Right Step Is?

We can help you understand your options and determine the best path forward for your loved one.

“We recently had the pleasure of working with The Legacy Legal Team to update a trust package after a move to Florida. I cannot express enough how everyone we met in the process was professional and sincerely kind making the whole experience smooth, understood and comfortable for all of us. Highly recommend their services!”

Don Barkhimer