Guardianship Attorney in Jacksonville
Legal guidance that puts your loved one’s dignity first
Establishing guardianship is an act of love and responsibility. The attorneys at Berg Bryant Elder Law Group work closely with Jacksonville families to navigate court filings, medical documentation, and care decisions with sensitivity. Whether for an aging parent or an adult with disabilities, we make sure guardianship brings safety and respect, not confusion or conflict.
What happens when someone you love can no longer make sound decisions about their health, safety, or finances? At Berg Bryant Elder Law Group, our guardianship attorney Jacksonville FL firm helps families through this challenging transition with compassion and legal precision. We guide you through Florida’s complex guardianship process while focusing on preserving your loved one’s dignity and independence to the greatest extent possible.
We help you protect those who can no longer protect themselves.
Guardianship is a legal relationship where the court appoints someone (the guardian) to exercise certain rights on behalf of another person (the ward) who has been deemed incapable of exercising those rights themselves.
Florida law emphasizes using the least restrictive form of guardianship possible. This means that if someone can still handle some decisions independently, those rights should be preserved. The court can establish:
Guardianship may involve:
Our attorneys guide families through each step while ensuring the proposed ward’s rights are protected.
Our Jacksonville guardianship attorneys assist with various forms of guardianship:
Guardianship of Adults
When an adult becomes incapacitated due to illness, injury, or cognitive decline, guardianship may be necessary. This process requires proving incapacity through medical examinations and court proceedings.
Guardianship of Minors
Children under 18 who inherit or receive assets exceeding $15,000 require a guardian of property to manage those assets until they reach adulthood. Additionally, if parents are unable to care for their children, a court-appointed guardian may be necessary.
Emergency Temporary Guardianship
When someone faces immediate harm due to incapacity, the court can appoint an emergency temporary guardian. This expedited process provides immediate protection while the full guardianship proceedings take place. Our attorneys move quickly in these urgent situations to secure the necessary protection.
Guardian Advocacy
For individuals with developmental disabilities, Florida offers a simplified guardianship process called guardian advocacy.
This option is available for those whose condition prevents them from exercising certain rights but who may not be completely incapacitated. The process avoids the need for a formal incapacity determination.
Duval County
Clay County
St. Johns County
Guardianship becomes necessary when someone can no longer make sound decisions about their health, safety, or finances, and no less restrictive alternatives exist.
Common situations include:
Before pursuing guardianship, we help families explore less restrictive alternatives such as:
The guardianship process involves several steps:
1. Filing a Petition
The process begins when someone (the petitioner) files a petition with the court alleging that another person (the alleged incapacitated person) needs a guardian.
2. Appointment of Attorney
The court appoints an attorney to represent the alleged incapacitated person.
3. Incapacity Examination
The court appoints a three-member examining committee to assess the person’s capacity. Each member evaluates the person and files a report with the court.
4. Incapacity Hearing
Based on the examining committee’s reports and other evidence, the court determines whether the person is incapacitated and to what extent.
5. Guardian Appointment
If incapacity is established, the court appoints a guardian in a separate hearing. The court considers the wishes of the incapacitated person and their family members, as well as any pre-need guardian designation.
6. Letters of Guardianship
The court issues letters of guardianship that outline the guardian’s powers and responsibilities.
7. Ongoing Supervision
Guardians must file annual reports with the court detailing the ward’s condition, finances, and care plan. The court maintains supervision over the guardianship.
Guardianship is a significant legal step that requires careful consideration and proper legal guidance.
At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys help families make informed decisions about guardianship while protecting the dignity and rights of vulnerable loved ones.
Whether you’re considering guardianship, need assistance with guardian duties, or want to explore alternatives, we provide compassionate and knowledgeable guidance tailored to your family’s unique situation.
Don’t face these complex legal decisions alone. Contact us today to schedule a consultation with our experienced guardianship attorneys.
Any adult resident of Florida can serve as a guardian. Non-residents may serve if they are a close relative of the ward. Professional guardians, banks, and trust companies can also serve. All potential guardians must undergo background checks and complete required training. The court will consider factors such as the proposed guardian’s relationship to the ward, ability to carry out guardianship duties, and any potential conflicts of interest.
Less restrictive alternatives include durable powers of attorney, healthcare surrogate designations, living trusts, representative payee arrangements for government benefits, and supported decision-making agreements. In many cases, these tools can provide necessary protections without removing the person’s legal rights through guardianship.
Costs vary based on case complexity but typically include court filing fees, attorney fees, examining committee fees, and guardian fees. Guardians are entitled to reasonable compensation from the ward’s estate, subject to court approval. If the ward has limited resources, some costs may be waived or paid by the state. Our attorneys can provide a clearer cost estimate based on your specific situation.
Yes, a guardianship can be terminated if the ward regains capacity, if less restrictive alternatives become available, or upon the ward’s death. For temporary guardianships, they end automatically after the specified period unless extended by the court. The restoration of rights requires filing a petition with the court and typically involves another capacity evaluation.
The key difference is timing and court involvement. A power of attorney must be established while a person has capacity and doesn’t involve court oversight. Guardianship is established after someone loses capacity and involves ongoing court supervision. Powers of attorney are preferred when possible because they’re less restrictive, less expensive, and honor the person’s choices made while capable.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
