Guardianship Attorney in St. Augustine
Legal protection for vulnerable family members in Saint Augustine
At Berg Bryant Elder Law Group, we approach guardianship cases with both legal precision and human compassion. Saint Augustine families dealing with dementia, disabilities, or sudden incapacity need attorneys who understand Florida’s court requirements.
When a loved one can no longer make safe decisions, compassionate legal protection becomes necessary.
Families in St. Johns County often face difficult choices when an aging parent develops dementia, an adult child with disabilities turns 18, or an accident leaves a family member unable to manage their affairs. At Berg Bryant Elder Law Group, our St. Augustine guardianship attorneys help families create appropriate legal protections while preserving as much independence as possible.
Legal solutions that balance protection with respect for individual dignity.
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Guardianship is a legal process where the court appoints someone (a guardian) to make decisions for a person who cannot make safe decisions for themselves (the ward). This legal relationship gives the guardian authority over aspects of the ward’s life that they can no longer manage independently.
In St. Augustine and throughout Florida, guardianship is considered a serious step that should only be taken when less restrictive options aren’t enough. The process takes place in the St. Johns County Courthouse and follows specific procedures established by Florida law.
Florida recognizes several types of guardianships to address varying needs:
This comprehensive guardianship gives the guardian authority over all aspects of the ward’s life, including:
Plenary guardianship is appropriate when someone is completely unable to care for themselves or manage their affairs.
When someone can handle some decisions but needs help with others, a limited guardianship may be more appropriate. The court designates specific rights that the guardian will manage, allowing the ward to retain control over other aspects of their life.
This simplified form of guardianship is available for individuals with developmental disabilities. It requires less court involvement than other guardianship types and focuses on the specific needs of the person with disabilities.
In crisis situations, the St. Johns County Court can appoint a temporary guardian to protect someone at immediate risk. This arrangement typically lasts up to 90 days while a permanent solution is developed.
Guardianships can be divided by function:
The same person can serve in both roles, or different individuals can handle each responsibility.
The guardianship process in St. Johns County follows these key steps:
Our St. Augustine guardianship attorneys provide both legal expertise and compassionate support throughout this process.
Before pursuing guardianship, our attorneys help families explore less restrictive options:
This legal document allows someone (the principal) to appoint another person (the agent) to handle financial and legal matters. It remains valid even if the principal becomes incapacitated, as long as it was executed while the principal had capacity.
This document appoints someone to make healthcare decisions when the person is unable to do so. In St. Augustine, local healthcare providers like Flagler Hospital recognize properly executed healthcare surrogate forms.
For individuals receiving Social Security benefits, the Social Security Administration can appoint a representative payee to manage these funds. The local Social Security office in St. Augustine can provide assistance with this process.
This emerging alternative allows individuals with disabilities to make their own decisions with support from trusted advisors. The Florida Developmental Disabilities Council provides information on this approach.
A properly structured revocable living trust can manage property and assets without court supervision. When combined with other planning tools, it may reduce or eliminate the need for guardianship of property.
Duval County Clay County St. Johns County
Areas Served
St. Augustine guardians can access several local resources:
Located at 180 Marine Street, the Council on Aging offers programs and services that support older adults and their caregivers, including transportation, meals, and social activities.
The FSGA Northeast Chapter provides networking and educational opportunities for guardians in the St. Augustine area.
This county office coordinates services for seniors and can connect guardians with local resources for their wards.
St. Johns River State College occasionally offers the required guardianship education courses at their St. Augustine campus.
By connecting with local services, guardians can access the guidance and resources needed to fulfill their vital role.
Jacksonville Office (Main)
Orange Park Office
St. Augustine Office
St. Augustine, FL 32095
At Berg Bryant Elder Law Group, we know the emotional challenges families face when considering guardianship. We serve families throughout St. Johns County and surrounding areas, including World Golf Village, Julington Creek, and Ponte Vedra.
Contact our St. Augustine guardianship attorneys today to schedule a consultation and learn how we can help protect your loved one while preserving their dignity and rights.
The guardianship process in St. Johns County typically takes 2-3 months from filing to appointment. Emergency temporary guardianships can be established within days. Timelines depend on court scheduling and case complexity.
Any adult Florida resident can serve as a guardian if they pass background checks and meet legal requirements. Certain non-residents (usually close relatives) may qualify. Those with felony convictions or conflicts of interest are typically disqualified.
Even under plenary guardianship, wards retain rights to dignity, privacy, humane care, remaining as independent as possible, receiving visitors, and being informed about decisions. In limited guardianships, the ward keeps all rights not specifically removed by the court per Florida Statutes §744.3215.
Yes. The court can remove guardians for failure to perform duties, abuse of power, conflicts of interest, or felony convictions. Any interested person can petition for removal with legitimate concerns under Florida Statutes §744.474.
Power of attorney must be established while a person has the capacity to sign legal documents. Guardianship becomes necessary when someone lacks this capacity.
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.
