Guardianship Attorney in Florida
Caring for those who cannot care for themselves
When an adult is unable to make decisions on their own, the court may appoint a guardian to step in. At Berg Bryant Elder Law Group, we help Florida families through this process, whether you’re seeking guardianship for a parent, a spouse, or a child with special needs. Our attorneys handle the legal steps with care, working to balance protection, respect, and the responsibilities that come with this important role.
Guardianship becomes necessary when a loved one is unable to manage their personal or financial affairs due to incapacity, disability, or age. As your guardianship attorney in Florida, Berg Bryant Elder Law Group guides families through this complex legal process with compassion and expertise. We help you secure the legal authority needed to care for those who cannot care for themselves.
We believe guardianship should always be about protection, not control.
Guardianship is a legal process where the court appoints someone (a guardian) to make decisions for another person (the ward) who cannot make sound decisions for themselves. In Florida, guardianship is supervised by the probate court and can involve authority over:
A guardianship may be needed for adults with diminished capacity due to age, illness, or disability, or for minors who receive assets above $15,000 through inheritance or settlements.
Guardianship becomes necessary in three main situations:
If someone becomes incapacitated without having:
Then guardianship may be the only way for family members to gain legal authority to make decisions and manage affairs.
Guardianship may be needed when a person:
A guardian may be appointed when:
Guardianship is never a first choice—but in the right situations, it’s a vital safety net.
Florida law recognizes several types of guardianships, each serving different needs:
This streamlined form of guardianship is specifically for people with developmental disabilities who need assistance after turning 18. It requires less court involvement than standard guardianship.
An experienced guardianship attorney can help you determine the most appropriate option to ensure their rights and needs are protected.
Duval County
Clay County
St. Johns County
Establishing a guardianship involves several steps and can take 1-3 months depending on the court’s schedule:
The process begins when someone (usually a family member) files a petition for guardianship with the probate court in the county where the alleged incapacitated person lives.
For adult guardianships, the court appoints a three-person examining committee to evaluate the proposed ward’s capacity. Each examiner submits a report to the court regarding the person’s abilities and limitations.
The court appoints an attorney to represent the proposed ward’s interests during the proceedings.
After reviewing the examining committee’s reports and holding a hearing, the judge determines:
If guardianship is granted, the court issues Letters of Guardianship, which officially authorize the guardian to act on behalf of the ward.
All guardians must file regular reports with the court, including:
Florida’s guardianship process is detailed and court-supervised for a reason—it protects vulnerable individuals.
Florida law requires courts to use the “least restrictive alternative” when possible. Before pursuing guardianship, consider these options:
This legal document allows someone to manage financial affairs on behalf of another person. Unlike guardianship, it can be created only while the person is competent and doesn’t require court supervision.
This document appoints someone to make healthcare decisions if a person becomes incapacitated.
A revocable living trust can provide for management of assets if the creator becomes incapacitated, often avoiding the need for guardianship of property.
This emerging alternative to guardianship provides support while preserving the person’s right to make their own decisions with assistance.
The differences between guardianship and power of attorney are significant and worth understanding before deciding which path to take.
If you’re concerned about a family member who may need a guardian, or if you want to plan ahead to avoid guardianship, we’re here to help. Our compassionate attorneys will explain your options and guide you through this challenging process.
At Berg Bryant Elder Law Group, we serve families throughout Northeast Florida, including Jacksonville, Orange Park, and surrounding communities. We understand the emotional and practical challenges families face when a loved one can no longer make decisions independently.
Contact us today to schedule a consultation and discuss how we can help protect your loved one’s well-being while respecting their dignity and rights.
Yes. Florida law requires that guardianship petitioners be represented by an attorney. This requirement exists because guardianship cases involve complex legal procedures and have serious consequences for the proposed ward’s rights. An experienced guardianship attorney ensures the process follows all legal requirements and helps prevent unnecessary delays or complications.
The guardianship process typically takes between 1-3 months from filing the petition to appointment. This timeline depends on court schedules, the complexity of the case, and whether anyone contests the guardianship. Emergency temporary guardianships can be established more quickly (sometimes within days) if there’s an immediate risk of harm. After an appointment, guardianships continue until the ward regains capacity, passes away, or the court determines guardianship is no longer necessary.
Guardianship can temporarily suspend but doesn’t permanently terminate parental rights. When a guardian is appointed for a minor, the parents’ rights are limited to the extent specified in the court order. In cases where parents are living but unable to care for their children due to incapacity, incarceration, or other issues, guardianship provides a legal framework for someone else to care for the child without permanently ending the parent-child relationship. If the situation changes, parents can petition the court to terminate the guardianship and restore their full parental rights.
Yes, in many cases. Creating comprehensive estate planning documents while you have capacity can often prevent the need for guardianship later. Key documents include a durable power of attorney, designation of healthcare surrogate, living will, and potentially a revocable living trust. These documents allow you to choose who will make decisions for you if you become incapacitated, rather than having the court appoint someone.
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.
