Guardianship Attorney in Tampa Bay: Protecting Families

Guardianship Attorneys
Tampa Bay &
Surrounding Areas

Guardianship Attorney M. Brandon Robinson brings years of professional experience navigating and Guardianship Actions throughout Tampa Bay.

Protect your loved ones—contact us today for a free consultation at 866-9-Battle

Florida Guardianship: Protecting Your Loved Ones When It Matters Most

At Battle Law, we understand that contemplating guardianship for a loved one is often a deeply emotional and challenging decision. Whether you’re concerned about an aging parent, an adult child with special needs, or a minor who has received a significant inheritance, the need for a guardianship arises when an individual is unable to make essential decisions for themselves due to incapacity, age, or disability.

In Florida, establishing a guardianship is a court-supervised process designed to protect the best interests of vulnerable individuals. Our compassionate and experienced guardianship attorneys are dedicated to guiding families through this intricate legal landscape, providing clear answers, strategic advice, and unwavering support.

What is Guardianship in Florida?

A guardianship is a legal proceeding in which a Florida Circuit Court appoints a guardian to exercise some or all of the legal rights and decision-making authority over a ward (the incapacitated person or minor). This protective measure ensures that the ward’s personal, medical, and financial needs are met and their interests are safeguarded.

It’s crucial to understand that guardianship is considered a measure of last resort in Florida. The courts prioritize “least restrictive alternatives” to guardianship whenever possible, such as properly executed Durable Powers of Attorney, Health Care Surrogates, or certain Trusts, which allow individuals to designate decision-makers while they still have capacity.

When is a Guardianship Necessary in Florida?

Guardianship typically becomes necessary in situations where an individual:

Is an incapacitated adult: This often involves individuals suffering from conditions like Alzheimer’s, dementia, traumatic brain injury, severe mental illness, or other debilitating conditions that prevent them from managing their own affairs, finances, or personal care.
Is a minor: A guardianship may be required for a minor child who:
- Has received a significant inheritance or settlement exceeding $15,000.
- Has no living parents or whose parents are unable or unwilling to care for them.
Has a developmental disability: For individuals with developmental disabilities turning 18, a “Guardian Advocacy” may be a more appropriate and less restrictive alternative to a full guardianship, allowing them to retain certain rights.

Types of Guardianship in Florida

Florida law provides for different types of guardianships, tailored to the specific needs of the ward:

Guardianship of the Person: Grants the guardian authority to make decisions regarding the ward’s personal care, medical treatment, living arrangements, and overall well-being.
Guardianship of the Property (or Estate): Grants the guardian authority to manage the ward’s financial affairs, including assets, investments, and payment of bills.
Plenary Guardianship: A full guardianship where the court removes all of the ward’s rights and delegates them to the guardian.
Limited Guardianship: The court removes only specific rights from the ward and delegates them to the guardian, allowing the ward to retain other rights they are capable of exercising. This is favored when appropriate.
Voluntary Guardianship: An adult who has legal capacity but needs assistance due to physical limitations can petition the court to appoint a guardian to manage some or all of their property.
Emergency Temporary Guardianship: A short-term guardianship (typically 90 days) established in urgent situations where immediate action is needed to prevent harm to the ward or their assets.
Guardian Advocacy: A special proceeding for individuals with developmental disabilities that allows family members or caregivers to obtain legal authority without a formal determination of incapacity, empowering the individual to maintain more control over their life.

The Florida Guardianship Process: What to Expect

The process of establishing a guardianship in Florida is rigorous and involves several key steps:

Filing a Petition to Determine Incapacity (for Adults): An interested party files a petition with the court, alleging that an individual is incapacitated.
Examining Committee Appointment: The court appoints an “examining committee” (typically two medical professionals and one other qualified professional) to evaluate the alleged incapacitated person (AIP). They conduct physical, mental health, and functional assessments and submit a report to the court.

Appointment of Attorney for the AIP: The court appoints an attorney to represent the AIP’s interests throughout the proceedings. The AIP also has the right to retain their own attorney.
Incapacity Hearing: Based on the examining committee’s reports and other evidence, the court holds a hearing to determine if the individual is incapacitated and to what extent.

Petition for Appointment of Guardian: A petition is filed to appoint a suitable guardian contemporaneously with the Petition to Determine Incapacity. The court prioritizes individuals named as “pre-need guardians” in a valid declaration of Pre-Need Guardian, Agents under a Durable Power of Attorney, and Designed Health Care Surrogates.
Guardian Qualifications and Training: Potential guardians must undergo background and credit checks and, if appointed, complete a mandatory 8-hour guardianship training course.

Court Oversight and Reporting: Once appointed, guardians are under the strict supervision of the court. They must submit initial and annual plans, inventories of assets, and detailed annual financial accountings to ensure the ward’s best interests are consistently met.

How Our Florida Guardianship Attorneys Can Help You

The complexities of Florida guardianship law demand experienced legal counsel. Our attorneys at Battle Law] provide comprehensive services for all aspects of guardianship, including:

Initiating Guardianship Proceedings: Guiding you through the initial petitions, examinations, and hearings.
Contested Guardianships: Representing your interests in disputes over who should be appointed guardian or challenges to an incapacity determination.
Guardian Representation: Advising appointed guardians on their legal duties, responsibilities, reporting requirements, and ethical obligations.
Terminating Guardianship: Assisting with petitions to terminate a guardianship if the ward regains capacity or for other valid reasons.
Pre-Need Guardian Designations: Helping you proactively plan for future incapacity by drafting documents that nominate your preferred guardian.
Guardian Advocacy for Developmentally Disabled Adults: Navigating the specialized process for individuals with developmental disabilities.
Protecting Ward’s Rights: Ensuring that the ward’s rights are respected and that the least restrictive alternatives are always explored.

At Battle Law, we are committed to providing compassionate and effective legal representation. We understand the sensitive nature of guardianship cases and are dedicated to achieving outcomes that best serve the vulnerable individuals involved.

Contact Us for a Confidential Consultation

If you are considering a guardianship, or if you are involved in a guardianship proceeding, contact Battle Law today. We are here to answer your questions, explain your options, and provide the skilled legal advocacy you need.

Call us at 1-888-9-BATTLE or complete our online contact form to schedule a confidential consultation.

Guardianship Attorneys Tampa Bay & Surrounding Areas