Florida Guardianship Attorney Serving Miami-Dade, Broward & Palm Beach.

Trust Counsel, PL guides families through every step of the Florida guardianship process under Chapter 744 of the Florida Statutes.

Serving South Florida Since 2010

98% Success Rate

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What is guardianship in Florida?

Guardianship is a legal proceeding in Florida’s circuit courts where a judge appoints a guardian to exercise legal rights on behalf of a person deemed incapacitated, under Chapter 744 of the Florida Statutes.

It is considered a last resort, as courts must first consider less restrictive alternatives like a durable power of attorney or living trust.

There are two primary types:

(health, residence, and daily care decisions)

(financial and asset management).

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Families Across South Florida Trust Us with Guardianship What the selected family receives?

Trust Counsel, PL has served families in the Coral Gables and greater Miami area since 2010.

Under the leadership of Managing Partner Leslie V. Marenco, Esq., we have built our reputation on three principles: thorough preparation, compassionate counsel, and a 98% success rate across our estate planning, probate, and guardianship matters

They involve a family member who can no longer care for themselves, and often a family in crisis. We understand the emotional weight of what you are going through, and we treat every case with the urgency and sensitivity it deserves.

We handle guardianship of incapacitated adults and elderly parents, minor children, and emergency temporary petitions, as well as contested cases. We also guide families through reporting, compliance, and alternatives like powers of attorney, trusts, and guardian advocates.

As members of the Family Wealth Planning Institute and Wealth Counsel, we bring estate planning insight into every guardianship matter, including cases involving real estate, investments, business interests, and international assets.

The Florida Guardianship Process, Step by Step

Filing for guardianship in Florida requires navigating a specific legal procedure. Here is what to expect when you work with Trust Counsel.

Step 1

Initial Consultation

Step 2

Filing the Petition

Step 3

Examining Committee

Step 4

Adjudicatory Hearing

Step 5

Appointment & Guard Plan

Step 6

Ongoing Compliance

Types of Guardianship we handle in Florida

Guardianship of an Elderly or Incapacitated Adult.

Guardianship of a Minor Child

Emergency Temporary Guardianship

Contested Guardianship & Litigation

Frequently Asked Questions

Guardianship costs vary depending on complexity, but typical expenses include attorney fees, court filing fees (approximately $400 in most Florida counties), examining committee fees ($500–$1,500 per examiner), and guardian bonding costs. Contested cases cost significantly more than uncontested filings. At Trust Counsel, we provide a detailed fee estimate during your initial consultation so there are no surprises.

An uncontested guardianship typically takes 60 to 90 days from filing to appointment. Emergency temporary guardianships can be granted within days or even hours when there is imminent danger. Contested cases may take six months or longer depending on the complexity and court calendar.

Technically yes, but it is strongly discouraged. The guardianship process requires strict compliance with procedural rules, statutory deadlines, and court reporting requirements. Errors can delay the process, result in dismissal, or leave your family member unprotected. The court also requires the alleged incapacitated person to be represented by counsel, so attorneys are already involved in every case.

A power of attorney is a voluntary legal document signed by a competent person granting another person authority to act on their behalf. Guardianship is a court-ordered process used when a person is already incapacitated and cannot execute a power of attorney. If your loved one still has the capacity to sign legal documents, we will explore power of attorney, trusts, and other alternatives before pursuing guardianship.

Under F.S. §744.361, a guardian must act within the scope of authority granted by the court and in the ward’s best interests. This includes protecting and preserving the ward’s property, implementing the guardianship plan, filing annual reports, and seeking court approval for major decisions such as selling property, moving the ward, or making end-of-life medical decisions.

Begin the Conversation

Guardianship is one of the most important legal decisions a family can make. Whether you need to protect an aging parent, secure care for a minor child, or respond to an emergency, Trust Counsel is here to help. Fill out the form below and we will contact you within one business day.

How Selection Works

1

Apply in 2 minutes.

2

We review applications for eligibility, fit, and urgency.

3

Finalists may receive a short verification call.

4

One family is selected. We begin after conflict checks and a signed engagement agreement.

Applications close when the review calendar fills.

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Your family does not have to navigate this alone

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