When a loved one can no longer manage their own personal care or financial affairs, Florida law provides for the appointment of a legal guardian through the court system. Guardianship is a serious step — and one that can often be avoided with proper advance planning.
Adult guardianship may become necessary when a person suffers from dementia, a stroke, a serious injury, or other conditions that impair their ability to make decisions. The court appoints a guardian to manage the ward's personal care, finances, or both — subject to ongoing court oversight and reporting requirements.
When a parent is unable to fulfill their parental duties due to illness, incarceration, or death, the court may appoint a guardian for minor children. This process ensures that a responsible adult has legal authority to make decisions about the child's education, healthcare, and welfare.
Guardianship proceedings in Florida can be expensive and time-consuming — often costing thousands of dollars in legal fees and requiring annual accountings to the court. A properly drafted durable power of attorney and healthcare surrogate designation, created while the person is still competent, can often eliminate the need for guardianship entirely.
Attorney Kelly Keene helps families navigate guardianship proceedings when they are unavoidable — and helps others avoid them through proactive estate planning. If you are facing a guardianship situation, call us for a consultation.
