• Who may have a guardian appointed to manage his/her affairs? In Florida, minor children and adults with incapacities are eligible for guardianship.
  • Who can be a guardian? Any adult Florida resident can serve as guardian of a minor child and/or an adult with incapacities. A family relationship is not required.
  • How is it determined that a person needs a guardian? Establishing the need for guardianship of an adult with incapacities involves what is known as a Determination of Incapacity Proceeding.
  • How can I be appointed a guardian? In order to be appointed as a guardian, you must file a Petition to Determine Incapacity in the appropriate court. You are required by law to have legal representation, and you will need to convince a panel of experts that you are an appropriate guardian for the proposed ward.
  • What are the different types of guardianship? There are several types of guardianship in Florida. Generally speaking, however, a guardian can either have authority over a ward’s finances, healthcare or both.
  • How long will it take to be appointed a guardian? It depends. If your Petition to Determine Incapacity is strong and you thoroughly prepare for the expert panel, the process can be fairly efficient. If you run into issues or face guardianship litigation, it can take significantly longer.