Protecting Those Who Can No Longer Protect Themselves.
Florida Guardianship Attorney Serving Miami-Dade, Broward & Palm Beach.
When someone you love cannot make their own decisions, the court can appoint a guardian to protect their health, safety, and finances. 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
- Se Habla Español
- Family Wealth Planning Institute Member
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- Free Initial Consultation
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: guardianship of the person (health, residence, and daily care decisions) and guardianship of the property (financial and asset management). Depending on the level of incapacity, the court may appoint a limited or plenary guardian.
WHY FAMILIES ACROSS SOUTH FLORIDA TRUST US WITH GUARDIANSHIP
Trust Counsel, PL has served families in the Coral Gables and greater Miami area since 2010
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.
Guardianship cases are personal
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.
Our guardianship practice is comprehensive
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.
Our approach brings depth and experience
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.
Process
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
Initial Consultation. We assess your situation, determine whether guardianship is the appropriate path, and explore less restrictive alternatives.
Step 2: Filing the Petition
Filing the Petition. We prepare and file the Petition to Determine Incapacity and, if needed, the Petition for Appointment of Guardian with the appropriate circuit court.
Step 3: Examining Committee
The court appoints a three-member examining committee (typically a physician, psychiatrist, and either a registered nurse or social worker) to evaluate the alleged incapacitated person under F.S. §744.331.
Step 4: Adjudicatory Hearing
The court holds a hearing to determine the extent of incapacity and whether a guardian should be appointed. The alleged incapacitated person has the right to attend, be represented by counsel, and present evidence.
Step 5: Appointment & Guardianship Plan
If the court appoints a guardian, we prepare the initial guardianship plan, verified inventory, and designation of guardian, and ensure all bonding and reporting requirements are met.
Step 6: Ongoing Compliance
Guardians must file annual guardianship reports (F.S. §744.367), annual accountings, and guardianship plans. We handle this ongoing compliance so you stay in good standing with the court.
Types of Guardianship we handle in Florida
Guardianship of an Elderly or Incapacitated Adult
When an aging parent or family member can no longer manage their finances, make medical decisions, or care for themselves, guardianship may be necessary. We help families petition for limited or plenary guardianship, always seeking the least restrictive form that protects your loved one’s dignity and rights.
Guardianship of a Minor Child
Florida law allows courts to appoint a guardian for a minor whose parents are deceased, incapacitated, or otherwise unable to care for them. Parents can also designate a preneed guardian under F.S. §744.3046 to ensure their children are protected if the unexpected happens.
Emergency Temporary Guardianship
When there is imminent danger to a person’s health or property, the court can appoint an Emergency Temporary Guardian (ETG) under F.S. §744.3031. These cases move quickly and require compelling evidence. We handle emergency filings and same-day court appearances.
Contested Guardianship & Litigation
Guardianship disputes arise when family members disagree about who should serve as guardian, whether guardianship is necessary, or whether an existing guardian is fulfilling their duties. Trust Counsel represents both petitioners and respondents in contested guardianship proceedings.
FAQs
How much does guardianship cost in florida?
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.
How long does it take to get guardianship in florida?
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.
Can I get guardianship of my elderly parent without a lawyer?
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.
What is the difference between guardianship and power of attorney in florida?
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.
What are a guardian’s responsibilities in florida?
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
Your family does not have to navigate this alone
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.