Guardianship Lawyers Advocating on Behalf of Minors and Disabled Adults for Their Personal, Financial, and Medical Affairs Throughout Florida

When planning for the future, it’s easy to focus on wills, trusts, and asset distribution. But one of the most vital, and often overlooked, elements of estate planning is establishing guardianship. Whether you’re caring for an aging parent, a disabled adult child, or planning for your minor children, guardianship offers a legal way to protect those who may not be able to protect themselves.

At RTRLAW, our experienced Florida guardianship attorneys help individuals and families prepare for life’s most sensitive transitions. With over 35 years of trusted legal service across the state, we’re here to guide you with compassion, professionalism, and a clear plan for long-term peace of mind.

What is Guardianship in Florida?

Guardianship is a legal relationship in which a court appoints someone, called a guardian, to make decisions on behalf of another person, known as the ward, who is unable to manage their personal, financial, or medical affairs.

Under Florida law, guardianship can apply to:

• Minors (under 18 without a living parent or legal custodian)
• Incapacitated adults due to illness, injury, or disability

Estate planning allows you to proactively nominate a guardian for your children or prepare for the possible need for guardianship of loved ones who may lose capacity in the future.

Why Does Guardianship Matter for Estate Planning?

When most people think about estate planning, they focus on distributing assets after death, but a truly comprehensive plan also prepares for unexpected incapacity or long-term care needs. Guardianship plays a vital role in protecting loved ones and preserving your wishes in difficult moments. Whether you’re planning for children, a disabled family member, or your own future, naming a trusted guardian can prevent confusion, conflict, and costly legal intervention down the road.

Guardianship ensures that someone you trust will be legally empowered to care for your dependents or manage your affairs if you can’t do so yourself. It’s an essential tool for:

• Parents of Minor Children: If both parents pass away or become incapacitated, minor children will require a guardian. Without legal instructions, a court decides who will take custody. Naming a guardian in your estate plan ensures your children’s future care aligns with your values and intentions.
• Caregivers of Disabled Adults: Parents of adult children with special needs can plan for a guardianship transition when the child turns 18, especially if they are unable to live independently. You may also set up a guardianship of the person, property, or both, depending on the individual’s capacity.
• Adults Planning for Their Own Care: You can use estate planning to designate a pre-need guardian, which is someone you trust to act on your behalf if you become incapacitated. This gives you a voice in your own future care and may prevent court battles or family disputes.

Including guardianship in your estate plan helps you protect those you love and prepare for life’s uncertainties with confidence. At RTRLAW, we help families create proactive, legally sound plans that reflect their values, protect their dignity, and reduce stress during times of crisis.

What Types of Guardianships Are Available in Florida?

Not every guardianship situation is the same, and Florida law recognizes that different people require different levels of oversight. To meet the diverse needs of individuals with disabilities or diminished capacity, the courts offer several types of guardianship arrangements.

Understanding the differences helps families choose the most appropriate and least restrictive option for their loved one, including:

• Guardianship of the Person – This guardian is responsible for non-financial decisions, including:
  • Medical care
  • Living arrangements
  • Daily personal needs
• Guardianship of the Property – This guardian handles financial matters, such as:
  • Managing bank accounts
  • Paying bills
  • Overseeing investments and assets
• Plenary Guardianship – The guardian has full control over both personal and financial decisions. This is typically granted when the ward is completely incapacitated.
• Limited Guardianship – The ward retains some rights, and the guardian is appointed only for areas where assistance is required. This option is often used when a person can make some decisions independently but needs help in specific areas.

Choosing the right type of guardianship is essential to balance protection with independence. At RTRLAW, we help families assess their loved one’s capacity and craft guardianship plans that provide support while preserving dignity and autonomy whenever possible.

How Do You Establish Guardianship in Florida?

Establishing guardianship in Florida is not a quick or casual process. Because guardianship involves removing some or all of a person’s legal rights, the court takes every precaution to ensure it’s truly necessary and in the ward’s best interest. The process is thorough, transparent, and designed to prevent abuse or overreach.

The steps involved include:

• Filing a Petition: You must file a Petition to Determine Incapacity and a Petition for Appointment of Guardian with the circuit court. These documents initiate the legal proceedings.
• Court-Ordered Evaluation: A three-member examining committee, typically including two medical professionals, will assess the individual’s mental and physical capacity and submit written evaluations to the court.
• Participating in a Hearing: A judge will review the evidence and determine whether guardianship is warranted. If so, the court will formally appoint a guardian based on the ward’s needs and circumstances.

While the guardianship process in Florida is detailed and court-supervised, it provides vital legal protections for vulnerable adults. RTRLAW helps families navigate this process efficiently, with compassion and strict compliance with the law.

What Legal Responsibilities Does a Guardian Have?

Once appointed, the guardian takes on a position of serious legal responsibility. Florida law holds guardians to high standards of care and oversight, particularly when the ward cannot advocate for themselves. The guardian’s role is to act in the ward’s best interests; ethically, responsibly, and in accordance with court orders.

The appointed guardian must:

• Complete mandatory training approved by the court
• Submit an initial care plan or asset management inventory, depending on the nature of the guardianship
• File annual reports detailing the ward’s well-being, services provided, and any changes in health, living arrangements, or finances

Being a guardian is a legal duty, not just a moral one, and it comes with ongoing obligations. RTRLAW’s attorneys are here to support guardians in meeting those responsibilities, handling the required paperwork, and ensuring compliance with all Florida guardianship laws.

What If You Expect Someone is in Need of Guardianship in the Near Future?

Planning ahead for the possibility of incapacity or long-term care is one of the most responsible steps you can take in estate planning. If you believe that you, or someone you care for, may need a guardian in the near future, Florida law allows you to prepare in advance through a Declaration of Pre-Need Guardian.

This legal document lets you name the person you would want the court to appoint as guardian if and when the need arises. It can be used to designate a guardian for:

• Yourself, in the event you become incapacitated
• Your minor children, if you are unable to care for them
• A loved one, such as an aging parent or adult child with disabilities, who may require guardianship later

By expressing your wishes clearly, a pre-need guardian designation can provide important guidance to the court and help prevent disputes or delays during an already stressful time.

At RTRLAW, we include pre-need guardian declarations in many of our estate plans to help clients take proactive control over their future care. This simple step can make a big difference when timing and clarity matter most.

What Are Some Alternative Options to Guardianship in Florida?

Guardianship removes legal rights and should be used only when necessary. In some cases, less restrictive alternatives may suffice:

• Durable Power of Attorney for finances
• Health Care Surrogate Designation for medical decisions
• Living Trusts for asset management
• Representative Payee for government benefits

We review all available options with our clients before recommending guardianship.

Choose RTRLAW for Your Guardianship and Estate Planning in Florida to Protect the People Who Matter Most

With offices across Florida and over three decades of experience, RTRLAW is a trusted advocate for families navigating complex life transitions.

We offer:

• Free, no-obligation estate planning consultations
• Personalized guardianship plans tailored to your family’s needs
• Skilled litigation support if guardianship is contested
• Affordable flat fees or flexible billing options for many services

Our estate planning and guardianship attorneys work closely with your family to ensure the right protections are in place before a crisis happens.

Estate planning is about more than money. It’s about peace of mind. Appointing a guardian for your loved ones or yourself is a compassionate act of foresight. Whether you’re a parent, a caregiver, or someone planning ahead for your own future, RTRLAW is here to help make sure no one is left unprotected.

Let us help you prepare today for the uncertainties of tomorrow. Contact RTRLAW at 833-HIRE-RTR or fill out our contact form online to schedule a free confidential consultation with a Florida guardianship attorney today.