Guardianship of Minor Children in Florida

Guardianship of a minor becomes a legal question when a child's parents can't care for them and haven't otherwise arranged for someone to step in — through death, incapacity, or in some cases when parents voluntarily seek help managing a child's inheritance or benefits.

Naming a guardian in advance

The clearest way to control who cares for your children if something happens to you is naming a guardian in your will. Florida courts give significant weight to that nomination, though the court still has final authority and can decline to appoint the named person if it's not in the child's best interest — for instance, if the nominated guardian has since become unsuitable.

When there's no advance nomination

Without a named guardian, the court decides based on the child's best interest, generally with a preference for close relatives, though this isn't automatic — grandparents, siblings, and other family members can all petition, and the court weighs the relationship, stability, and ability to provide for the child rather than defaulting to whoever asks first.

Guardianship of the person vs. of the property

These are separate roles and can go to different people. A guardian of the person makes day-to-day and medical decisions and provides a home. A guardian of the property manages any money or assets belonging to the child — including a settlement, inheritance, or life insurance proceeds — and must account to the court regularly until the child turns 18. Florida law requires court-supervised guardianship of the property for a minor's assets above a fairly modest threshold, even when a parent is otherwise available.