How to Get Guardianship for an Elderly Parent in Florida
If your parent can no longer manage their own affairs and never signed a power of attorney while they had capacity, Florida guardianship may be your only legal option. The process is court-supervised, takes several months, and requires an attorney in most cases. Here is what families in Florida need to know before they start.
Quick answers
- Florida guardianship is a court-supervised process that removes some or all of a person's legal rights and transfers decision-making to a guardian
- You must hire an attorney to file a petition in the county circuit court where your parent lives
- A court-appointed examining committee will assess your parent's capacity, expect 3 evaluators including a physician
- The full process typically takes 3 to 6 months and costs between $3,000 and $8,000 or more in attorney and court fees
- Florida courts prefer the least-restrictive option, so limited guardianship is often ordered instead of full guardianship
When Is Guardianship Actually Necessary?
Guardianship is the last resort, not the first step. Before pursuing it, check whether your parent ever signed a durable power of attorney or healthcare surrogate designation while they still had capacity. If those documents exist and are valid, you likely do not need guardianship at all.
Guardianship becomes necessary when your parent lacks mental capacity and has no valid legal documents in place. This happens most often after a sudden stroke, a dementia diagnosis that progressed before planning was done, or a traumatic brain injury. If your parent cannot understand or communicate decisions about their finances or health, the court process is probably unavoidable.
Florida courts take incapacity seriously. Do not file for guardianship as a way to control a parent who is simply making decisions you disagree with. A judge will dismiss that petition.
How the Florida Guardianship Process Works
Hire a Florida guardianship attorney
Florida law requires that petitioners in guardianship cases have legal representation. Find an elder law or guardianship attorney in the county where your parent lives. Expect a retainer of $2,000 to $5,000 to start.
File a petition for incapacity and guardianship
Your attorney files two documents with the circuit court: a Petition to Determine Incapacity and a Petition for Appointment of Guardian. Both go to the probate division of the circuit court in your parent's county.
Court appoints an examining committee
Florida law requires a three-person examining committee, which must include at least one physician. The other two members are typically a psychiatrist or psychologist and a lay person or social worker. Each evaluates your parent independently and files a report.
Attend the incapacity hearing
A judge reviews the examining committee reports. Your parent has the right to attend, be represented by their own attorney, and present their own evidence. The court-appointed attorney for your parent (called an attorney ad litem) is paid from your parent's estate.
Attend the guardianship hearing
If incapacity is found, a second hearing determines who the guardian will be. The court may appoint you, another family member, or a professional guardian if the court finds no suitable family member is available.
Complete guardian training and bond
New guardians in Florida must complete an 8-hour training course within 4 months of appointment. Most guardians must also post a bond equal to the value of the estate assets they control.
File annual reports
Guardians of the person must file an annual report on the ward's condition. Guardians of the property must file an annual accounting showing every dollar received and spent. These reports are reviewed by the court.
Full vs. Limited Guardianship in Florida
Full Guardianship
- Removes all legal rights from the person
- Guardian controls all financial and personal decisions
- Required when parent cannot make any independent decisions
- Higher level of court oversight and reporting
Limited Guardianship
- Removes only specific rights the parent cannot manage
- Parent retains all other legal rights
- Florida courts prefer this option when possible
- Example: guardian of property only, parent still makes medical decisions
What Does Florida Guardianship Cost?
Who Can Serve as Guardian in Florida?
Florida gives priority to family members when appointing a guardian. A parent's spouse has first priority, followed by adult children, parents, siblings, and other relatives. You do not need to live in Florida to serve as guardian, but you must be a U.S. citizen or legal resident and cannot have a felony conviction.
If no family member is suitable or willing, the court appoints a professional guardian. Professional guardians in Florida must be registered with the state and meet ongoing training requirements. They charge hourly fees, typically $75 to $150 per hour, billed to the ward's estate.
If you live in another state and want to serve as guardian for a Florida parent, you are allowed to do so. You will need a Florida attorney, and travel costs for court appearances will add to your expenses.
If Your Parent Objects to Guardianship
Florida courts take seriously a person's right to resist guardianship. If your parent objects, the process becomes contested and far more expensive. The court will appoint an attorney (paid by your parent's estate) to argue against the petition. This is appropriate, not an obstacle. If your parent truly lacks capacity, the examining committee's findings will support the petition. If they have capacity and are simply making choices you disagree with, the court will deny guardianship, as it should.
Florida Guardianship vs. Power of Attorney: Which You Need
If your parent still has decision-making capacity, even limited capacity, stop before filing for guardianship. A properly executed durable power of attorney signed while your parent has capacity is faster, cheaper, and less intrusive. An elder law attorney can help determine whether your parent retains enough capacity to sign one.
The test for signing a POA is lower than the test for full capacity. A parent with early-stage dementia may still have the legal capacity to sign a power of attorney, which would make guardianship unnecessary.
If you are not sure whether guardianship or POA is right for your situation, schedule a consultation with a Florida elder law attorney before filing anything. A one-hour consultation ($200-$400) can save you months and thousands of dollars.
Finding Help and Resources in Florida
The Florida Bar's Lawyer Referral Service can connect you with elder law attorneys in your area. The Florida Statewide Public Guardianship Office offers information about the guardianship system. Florida's Department of Elder Affairs also maintains a directory of legal services for seniors.
If cost is a barrier, Florida Legal Aid organizations serve low-income families at reduced or no cost. The Elder Justice Center in Hillsborough County and similar organizations around the state offer guidance.
Every Florida county circuit court has a probate division that handles guardianship. The court clerk's office can provide general filing information, though they cannot give legal advice.
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Frequently Asked Questions
How long does guardianship take in Florida?
An uncontested guardianship typically takes 3 to 6 months from the initial petition to the court order appointing a guardian. If your parent or another family member contests the petition, expect 6 to 12 months or longer. Emergency temporary guardianship can sometimes be granted within days when there is an immediate safety risk.
Can I get guardianship without a lawyer in Florida?
No. Florida requires that petitioners for adult guardianship be represented by a licensed attorney. This is not optional. You will need to hire an elder law or probate attorney to file and manage the case on your behalf.
What is the difference between guardianship of the person and guardianship of the property in Florida?
Guardianship of the person gives you authority over personal decisions like medical care, living arrangements, and daily activities. Guardianship of the property gives you authority over financial decisions including managing assets, paying bills, and handling investments. Florida courts can grant one or both depending on what your parent needs.
Can guardianship be reversed if my parent recovers capacity?
Yes. Florida law allows a ward to petition the court to restore rights if their capacity improves. This applies to situations like recovery from a stroke or brain injury. A new examination and hearing would be required. It is uncommon but does happen.
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If you are trying to find the right elder law attorney to guide you through the Florida guardianship process, our directory lists vetted elder law professionals across Florida. An experienced attorney can assess whether guardianship is truly necessary, or whether a less costly alternative exists. Visit our directory at /directory/ to find elder law help near you.
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