Guardianship Administration

Estates Lawyer Tampa

Florida Guardianship Administration Law

What You Need to Know About Guardianship Proceedings in Florida

In Florida, a legal ‘guardian’ is a surrogate decision-maker. A guardia may be appointed by a court to ensure that a minor or impaired adult is properly protected. The vulnerable person who is covered by the guardianship is known as a ‘ward’. Broadly speaking, guardianships fit into two broad categories:

• Minor Guardianship: A minor may be placed into a guardianship if their parents pass away, become incapacitated, or are otherwise unable to provide adequate care.
• Adult Guardianship: An adult may be placed into a guardianship if they become severely disabled, impaired, or otherwise unable to make their own financial or legal decisions.

A guardianship is a big—but sometimes necessary—step. Florida courts do not appoint adult guardians lightly. As a general rule, an adult will only be placed into a guardianship if there is a finding of legal incapacity and no less restrictive alternative would be effective. Some alternatives to an adult guardianship include durable power of attorney and appointment as a health care surrogate.

How to Obtain for an Adult Guardianship for a Vulnerable Loved One in Florida

Florida allows for two types of guardianships: Voluntary and involuntary. With a voluntary guardianship, an adult who has legal competence but is struggling to manage their own affairs can jointly petition to have a trusted person appointed as their guardian. With an involuntary adult guardianship, the person seeking to obtain a guardianship must submit:

• Petition to Determine Incapacity;
• Petition and Order of Guardian.

In effect, this means that a person seeking to obtain an involuntary guardianship for a vulnerable loved one must first prove that their loved one is legally incapacitated for the purposes of Florida law. From there, they must also prove that they are the appropriate person to serve as a legal guardian. 

You Can Rely On Older Lundy Koch & Martino for Guardianship Administration

Guardianship cases are complicated—they should always be handled with the utmost level of care and sensitivity. At Older Lundy Koch & Martino, we have experience with adult guardianships, minor guardianships, and related matters. When you reach out to us, you will have an opportunity to consult with a guardianship administration attorney who can:

• Review your case and answer your questions about Florida’s guardianship laws;
• Gather documents and records and assist you with any legal paperwork; and
• Devise a strategy to protect your rights and the health and safety of your loved one.

Call Our Florida Guardianship Administration Attorneys Today

At Older Lundy Koch & Martino, our Tampa guardianship administration lawyers provide ethical, compassionate representation to clients and families. If you have any questions about guardianship administration in Florida, we are here to help. Contact our firm today for a fully confidential, no obligation consultation. From our legal offices in Tampa, Clearwater, Dade City, and Trinity, we provide legal services in Hillsborough County, Pasco County, Pinellas County, and beyond.