Guardianship in Florida

What Is Guardianship?

Florida law establishes a formal court process — governed by Chapter 744, Florida Statutes^[1] — for appointing a legal decision-maker when an adult has been found legally incapacitated or when a minor lacks adequate parental care. This page covers the types of guardianship available in Florida, who qualifies to serve as guardian, how the court process works, and what courts require throughout.

At Kalish & Jaggars, PLLC, we represent families navigating Florida guardianship proceedings throughout the state.

Guardianship applies to two main groups: adults whom a court has found legally incapacitated under §744.3201, and minors whose parents are deceased, unavailable, or whose inherited assets require court oversight under §§744.301–744.3021^[3].

Guardian of the Person vs. Guardian of the Property

 It most commonly arises during a Florida divorce proceeding or family law matter.

When Is Guardianship Actually Necessary?

Florida law does not allow courts to jump straight to guardianship. Under §744.3725^[5], before removing any rights the court must consider whether less-restrictive alternatives — such as a durable Power of Attorney, a healthcare surrogate designation, a trust, or a supported decision-making agreement — can adequately protect the person.

Guardianship becomes necessary only when the person is already legally incapacitated and cannot sign documents, and when no valid alternative legal document is already in place or is sufficient to address the person’s needs.

Types of Guardianship in Florida

Florida recognizes several distinct types of guardianship. Identifying the correct type is the essential first step.

Plenary Guardianship

A plenary guardian holds full authority over both the ward’s personal life and financial affairs. This is the most comprehensive form and is reserved for situations where the court finds the ward is entirely unable to manage any aspect of their life independently.

Limited Guardianship

A limited guardian has authority only in the specific areas where the court determines the ward needs help — while the ward retains all other rights. Florida courts are required by law to use the least-restrictive form of guardianship that will adequately protect the ward. See §744.102(10)(b)^[4].

Guardianship of a Minor

Parents are the natural guardians of their children and require no court order (§744.301). Formal court-supervised guardianship of a minor in Florida becomes necessary when both parents have died or become incapacitated, or when a minor receives more than $15,000 from an inheritance, lawsuit settlement, or insurance proceeds — at which point a parent’s authority to manage those funds without court oversight is exhausted under §744.301(2). In that case, a guardian of the property manages the funds until the child turns 18.

Guardianship of a minor is distinct from child custody and timesharing rights — it does not terminate the biological parents’ legal rights, and it is not adoption.

Emergency Temporary Guardianship

When someone is in immediate physical or financial danger, a Florida court may appoint an emergency temporary guardian quickly — sometimes within 24 to 72 hours of filing. Under §744.3031^[6], the emergency temporary guardianship authority expires 90 days after appointment (or when a permanent guardian is appointed, whichever comes first). It may be extended an additional 90 days if the emergency conditions still exist. The court must find imminent danger to the person’s health, safety, or property before granting this appointment.

Voluntary Guardianship

Under §744.341^[7], a mentally competent adult who is physically unable to manage their property may petition the court to appoint a guardian for that property. Because the person is still legally competent, they may terminate the guardianship at any time.

Standby Guardianship

A standby guardian is pre-approved by the court and takes over automatically when the primary guardian dies, becomes incapacitated, or resigns. Defined in §744.102(19). No new court proceeding is required for the transition — ensuring uninterrupted care for the ward.

Who Can Be a Guardian in Florida?

Under §744.309(1)(a)^[8], any Florida resident who is legally competent (sui juris) and at least 18 years old is qualified to serve as guardian. The following people are disqualified under §744.309(3):

• Anyone convicted of a felony
• Anyone who, due to incapacity or illness, is incapable of discharging the duties of a guardian
• Anyone employed by a person, agency, or organization that provides services to the proposed ward — unless they are the ward’s spouse, adult child, parent, or sibling, or the court finds the conflict is insubstantial

Courts also weigh the proposed guardian’s character and relationship to the ward. Under §744.312^[9], the court must consider any preneed guardian declaration the ward executed while competent — a written document naming who they would want as guardian.

Can Someone From Out of State Serve as Guardian?

Normally, guardians must be Florida residents. But under §744.309(2), a nonresident may serve if they are the ward’s spouse, brother, sister, uncle, aunt, niece, nephew, or someone related by lineal consanguinity — or the spouse of any such person. This exception is particularly relevant for families who need to step in for an aging parent but live outside the state.

How to Get Guardianship in Florida: Step-by-Step

Obtaining guardianship for an incapacitated adult in Florida is a five-step court process. Florida Probate Rule 5.030^[10] requires that all parties — including the petitioner — be represented by a licensed Florida attorney throughout.

Step 1: File the Petition

An interested person files a Petition to Determine Incapacity with the circuit court in the county where the alleged incapacitated person (AIP) lives (§744.3201). The petition must include sworn factual allegations explaining why the person may lack capacity. Simultaneously, the petitioner typically files a Petition to Appoint Guardian nominating themselves or another qualified person. Cases arising from divorce and family law proceedings — such as when a parent becomes incapacitated during active litigation — follow this same petition process.

Step 2: Examining Committee

Within 5 days of filing, the court appoints a three-member examining committee (§744.331(3)(a)^[11]). One member must be a psychiatrist or other physician. The remaining members may be psychologists, gerontologists, advanced practice registered nurses, licensed social workers, or other qualified professionals. Each member independently examines the AIP and files a written report with the court within 15 days of appointment. Committee members cannot be related to the petitioner, the proposed guardian, or the AIP, and cannot have any agency relationship with the AIP.

Step 3: Adjudicatory Hearing and Appointment

The court holds an adjudicatory hearing no sooner than 10 days and no later than 30 days after the last committee report is filed (§744.331(5)(a)). Incapacity must be established by clear and convincing evidence (§744.331(5)(c)). The AIP has the right to be present and to have their own attorney — the court appoints one if needed. If the committee reports do not support a finding of incapacity, the petition is dismissed. If incapacity is found, the court enters an order specifying which rights have been removed and appoints a qualified guardian.

Step 4: Guardian Education

Most newly appointed guardians must complete a minimum of 8 hours of instruction and training within 4 months of appointment (§744.3145(2) and (4)^[12]). One exception applies: a parent appointed as guardian of the property of their own minor child is only required to complete 4 hours of instruction covering financial duties and required accountings (§744.3145(3)). The course covers the guardian’s legal duties, the ward’s rights, available resources, and how to prepare required reports. There is no blanket exemption for attorneys. The court has discretion to waive requirements on a case-by-case basis under §744.3145(6), but this is not automatic.

Step 5: Ongoing Court Reporting

Guardianship involves continuous court oversight:

• Guardians of the person must file an initial plan within 60 days of appointment and an Annual Plan every year thereafter (§744.362; §744.3675).
• Guardians of the property must file an Initial Inventory within 60 days (§744.365) and an Annual Accounting every year (§744.367).
• Certain major decisions require specific court approval before the guardian may act. Under §744.3725, these include selling or mortgaging real property, making substantial investment changes, and changing the ward’s place of residence. Failure to file required reports or obtain required approvals can result in contempt of court, personal liability for the guardian, or removal.

Adult Guardianship in Florida

Adult guardianship proceedings follow the same Chapter 744 framework described above. They are most commonly initiated when an adult is diagnosed with Alzheimer’s disease, dementia, a traumatic brain injury, or another condition resulting in legal incapacity as defined by §744.3201.

Florida courts must evaluate whether less-restrictive alternatives — including a durable Power of Attorney, a healthcare surrogate designation, or a supported decision-making agreement — are sufficient before imposing guardianship. When an adult has already lost the capacity to execute those documents, guardianship is typically the only remaining legal path.

Temporary Guardianship in Florida

Temporary guardianship orders are available in two forms under Chapter 744. Emergency temporary guardianship under §744.3031 addresses imminent danger to health, safety, or property — and can be granted within 24 to 72 hours. Voluntary temporary guardianship under §744.341 is available to competent adults who are physically unable to manage their property and wish to appoint a guardian for a defined period. Both forms are time-limited and subject to court oversight.

Guardianship vs. Power of Attorney in Florida

The determining factor is whether your loved one can still sign legal documents today. Florida law (§744.3725) requires courts to consider all less-restrictive alternatives — including a Power of Attorney (Chapter 709, Florida Statutes^[15]) — before removing any of the ward’s rights.

If your loved one can still sign documents today, a durable Power of Attorney and healthcare surrogate designation can often be completed in days — no court required. Book a strategy meeting to discuss which option applies before incapacity removes the choice permanently.

How Much Does Guardianship Cost in Florida?

Under §744.105^[13], costs in guardianship proceedings may be awarded and, when appropriate, paid from the ward’s estate. Typical cost ranges for an uncontested adult guardianship in Florida:

• Court filing fees: $200 – $400 (varies by county)
• Examining committee member fees: approximately $200 – $450 per member; $600 – $1,350 total (three members required per §744.331)
• Guardian education course: $85 – $120 per §744.3145
• Attorney fees — uncontested case: $3,000 – $10,000+
• Attorney fees — contested or complex case: $20,000 – $50,000+
• Annual reporting (attorney + accounting fees): $500 – $2,000 per year

Total for a typical uncontested case: $5,000 – $15,000. When the ward has assets, many of these costs can be paid from the ward’s estate with court approval under §744.105, potentially reducing the out-of-pocket burden on the family.

How Long Does the Process Take?

Timeline depends on whether the case is contested, the complexity of the ward’s assets, and local court docket conditions. Key statutory deadlines: examining committee reports within 15 days of appointment (§744.331(3)(e)); adjudicatory hearing within 30 days after the last report (§744.331(5)(a)).

• Emergency temporary guardianship: 24 – 72 hours from filing to appointment
• Normal uncontested case: 60 – 90 days from petition to appointment
• Contested or complex case: 6 – 18 months or longer

Frequently Asked Questions

What is the difference between guardianship and conservatorship in Florida?

Most states use “conservatorship” to describe court-supervised management of an adult’s finances. Florida does not use that term for incapacitated adults (though Chapter 747, Florida Statutes does apply the term “conservatorship” to a narrow category of “absentees” — missing persons, prisoners of war, and those missing in action). For incapacitated adults, Chapter 744 distinguishes between a guardian of the person (personal and healthcare decisions) and a guardian of the property (financial management). The functional role of a conservator in other states is performed by a guardian of the property in Florida. If you have encountered the term “conservatorship” in another state’s context — such as a California proceeding — the equivalent Florida proceeding is a guardianship of the property under Chapter 744, Florida Statutes.

What is the difference between guardianship and custody in Florida?

Child custody and timesharing rights govern the legal and physical relationship between parents and their children — parents retain their parental rights under a custody arrangement. Guardianship of a minor under §§744.301–744.3021 is a court-supervised appointment made when parents are deceased, incapacitated, or unavailable, or when a minor inherits more than $15,000 in assets (§744.301(2)). Guardianship of a minor does not terminate the biological parents’ legal rights, and it is not equivalent to adoption. Where custody allocates time and decision-making between living parents, guardianship substitutes for parental care entirely when no capable parent is present.

How do I get guardianship of an elderly parent in Florida?

If your parent can still sign documents, start with a durable Power of Attorney under Chapter 709, Florida Statutes — no court required, completed in days. If your parent is already incapacitated, file a Petition to Determine Incapacity under §744.3201 at the circuit court in their county. The court appoints a three-member examining committee under §744.331, holds an adjudicatory hearing, and — if incapacity is established by clear and convincing evidence — appoints a guardian. Florida Probate Rule 5.030 requires that a licensed attorney represent you throughout the process.

What is the difference between guardianship and power of attorney in Florida?

A Power of Attorney (Ch. 709, Fla. Stat.) is a private document that a competent adult signs to authorize someone else to handle their finances or healthcare — no court involvement, completed in days, and costs a few hundred dollars. Guardianship is a circuit court proceeding used only after the person is already legally incapacitated and no valid Power of Attorney is in place. Under §744.3725, Florida courts are required to consider whether any less-restrictive alternative — including a Power of Attorney — would adequately protect the person before imposing guardianship.

How much does it cost to get guardianship in Florida?

A typical uncontested adult guardianship costs $5,000–$15,000, covering court filing fees, the three-member examining committee (§744.331), the guardian education course (§744.3145), and attorney fees. Contested cases cost significantly more. Ongoing court reporting adds $500–$2,000 per year. Under §744.105, when the ward has assets those costs can often be paid from the estate with court approval.

Can guardianship be terminated in Florida?

Yes. Under §744.464, a guardianship may be modified or terminated by petition filed by the ward, the guardian, or any interested person. For adult guardianships, the court may appoint a new examining committee to assess whether the ward’s capacity has been sufficiently restored to warrant returning some or all rights. For guardianship of a minor, the guardianship terminates automatically when the minor turns 18, when the minor is adopted, or when a parent becomes available and the court determines restoration of parental care is in the minor’s best interest. Voluntary guardianships under §744.341 may be terminated by the ward at any time, since the ward remains legally competent throughout.

Talk to a South Florida Guardianship Attorney

Guardianship proceedings can become complicated quickly, especially when a loved one’s health, safety, or finances are already at risk. Florida Probate Rule 5.030 generally requires guardians to be represented by a licensed Florida attorney, which makes getting clear guidance early all the more important.

At Kalish & Jaggars, PLLC, we help families across Florida understand their options and move through the process with confidence. We offer a free strategy meeting and are available 24/7, including evenings and weekends.