Orlando Guardianship Lawyers

Serving Individuals & Families in Orange, Osceola & Seminole Counties

Guardianships can be sought through the courts for both minors as well as for adults who are unable to make decisions for themselves due to physical or mental incapacity. Once guardianship is made legal through the courts, the minor or adult who is its subject is called a ward. The rules and regulations regarding guardianships are covered under Chapter 744 of Title XLIII under Florida law. 

Because guardianship removes all or certain rights of individuals, courts take these matters very seriously. The court will only approve guardianship for an adult after the incapacity of the individual has been proven with clear and convincing evidence. Courts will only give over these rights to a guardian when no other alternative exists, such as a durable power of attorney. If you are seeking or contesting guardianship for a minor or an adult in or around Orlando, Longwell Lawyers can help. We can thoroughly prepare your case as well as provide guidance about the duties of a guardian under the law.

Need legal assistance with guardianship? Contact us today at (407) 553-9599 for a free consultation.

Guardianships for Minors

Parents are the legal guardians of their children. However, a guardianship may be necessary for the following circumstances:

• The parents die or become incapacitated
• The child inherits or receives funds from a lawsuit or insurance policy that exceed what is allowed by law

Guardianships are often designated for minor children in parental wills or by written declarations filed with courts. These are written in advance. However, if no such records exist, a family member or friend may seek to become the child’s legal guardian by application with the court.

Types of Guardianships in Florida

Florida law provides several types of guardianships, each designed to fit different circumstances:

Plenary Guardianships

• This is the most comprehensive form of guardianship.
• The guardian has full control over all aspects of the ward’s life, including financial, medical, and personal decisions.
• This type is only used when the ward is completely incapacitated and unable to make any decisions independently.

Limited Guardianships

• This type of guardianship is more restrictive.
• The guardian is given authority over specific areas of the ward’s life, such as medical decisions or financial matters.
• The ward may still retain control over other aspects of their life, depending on the court’s ruling.

Temporary Guardianships

• Appointed for a short period of time, usually when an urgent situation arises.
• This type allows for immediate action when a ward’s well-being is at risk but is not intended as a permanent solution.
• The court must later review whether long-term guardianship is needed.

Guardianship Process in Florida

The process of seeking guardianship involves several important steps:

Petitioning for Guardianship

• A petition must be filed with the court to request guardianship.
• This can be done by a family member, friend, or institution.
• The petition must include reasons for why the guardianship is necessary.

Court Evaluation

• The court will review the petition and may appoint a committee, including medical and psychological experts, to evaluate the ward’s condition.
• The committee’s findings will help determine whether guardianship is appropriate.

Required Documents

• Medical records, financial information, and other supporting documentation are needed to establish the ward’s incapacity.
• The court may also require a written report from the committee or other professionals.

Rights and Duties of a Guardian

Guardianship comes with important responsibilities:

Care Management

• Guardians are responsible for the ward’s well-being, including making decisions about their health, living conditions, and overall care.

Financial Oversight

• Guardians may manage the ward’s financial affairs, ensuring bills are paid and assets are protected.

Best Interests of the Ward

• The guardian must always act in the best interests of the ward, ensuring their rights and dignity are respected.

Conflicts and Challenges

• Guardians may face challenges, including disagreements with family members or others involved in the ward’s care.

Court Reporting

• Guardians are often required to report to the court on the ward’s well-being, financial situation, and any major decisions made on their behalf.

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