Guardianship for Incapacitated Adults in Florida

Guardianship is a court process that appoints someone to make decisions for an adult who a court has determined can no longer make them safely alone. It's a significant step — it removes some or all of a person's legal rights — and Florida law requires it to be used only when less restrictive alternatives, like a power of attorney or a trust, aren't available or aren't sufficient.

How the process works

A petition is filed alleging incapacity, and the court appoints an examining committee — typically three professionals, including a physician — to evaluate the person. The court also appoints an attorney to represent the alleged incapacitated person throughout the process. If the court finds incapacity, it decides how much of the person's rights to remove and appoints a guardian, who can be a family member or a professional guardian.

Limited vs. plenary guardianship

Florida law favors limited guardianship, which removes only the specific rights the person can't safely exercise — managing money, for instance, but not deciding where to live — over plenary guardianship, which removes nearly all rights. The court is required to consider whether a limited guardianship would work before ordering a plenary one.

Ongoing court oversight

Guardianship doesn't end at appointment. Guardians must file initial and annual accountings of the ward's finances and a plan for their care, and the court can remove a guardian who mismanages the role. This oversight is part of why guardianship, while sometimes necessary, is generally treated as a last resort rather than a default choice.