Making decisions for a loved one who can no longer manage their own affairs is never easy. In Florida, guardianship provides a legal process for ensuring that vulnerable individuals receive the care and protection they need. But it is important to remember that guardianship is often considered a last resort. Before pursuing this option, families should understand what guardianship involves, when it is appropriate, and what alternatives may be available.

What Is Guardianship?

Guardianship is a court-supervised arrangement in which a person (the guardian) is granted the legal authority to make decisions on behalf of another person (the ward). These decisions may involve financial matters, healthcare, or day-to-day living arrangements.

Because guardianship takes away some or all of a person’s legal rights, Florida courts only grant it when no less restrictive alternatives are suitable. The goal is to balance protection with respect for an individual’s independence.

When Does Guardianship Become Necessary?

Guardianship may be considered when:

• An elderly parent develops dementia or another condition that prevents them from safely managing finances or healthcare decisions.
  
• An adult child with special needs turns 18 and requires continued support for decision-making.
  
• A minor child inherits assets or receives a legal settlement that must be managed responsibly until adulthood.
  
• A person experiences a serious accident or illness and has no advance directives, such as a power of attorney or healthcare surrogate designation, in place.
  

In each of these situations, guardianship provides legal authority to act in the best interest of the person who cannot protect themselves.

Types of Guardianship in Florida

Florida law recognizes several types of guardianship, depending on the circumstances:

• Guardian of the Person – Makes decisions about healthcare, housing, and personal matters.
  
• Guardian of the Property – Manages financial assets, property, and income.
  
• Plenary Guardian – Has full authority over both personal and financial matters when no capacity remains.
  
• Limited Guardian – Has authority only in areas where the court finds the individual cannot make safe decisions.
  
• Minor Guardianship – Appointed when a child inherits assets or receives funds that need oversight.
  

The court carefully evaluates each case to determine the level of guardianship needed.

Alternatives to Guardianship

Because guardianship limits personal rights, Florida courts encourage families to explore less restrictive options first. These may include:

• Durable Power of Attorney – Authorizes someone to handle financial and legal matters.
  
• Healthcare Surrogate Designation – Allows someone to make medical decisions if the individual becomes unable.
  
• Trusts – Provide financial management without court involvement.
  
• Joint Bank Accounts – Allow a trusted family member to assist with finances.
  

In many cases, these tools can provide the support a loved one needs without going through the guardianship process.

How Carr Law Group Can Help

At Carr Law Group, we understand that guardianship decisions are deeply personal and often emotional. Our team guides families through every step of the process, from evaluating alternatives to filing for guardianship when necessary. Attorney Lee R. Carr II is certified by the Statewide Public Guardianship Office to teach guardianship courses in Florida and brings decades of experience to this sensitive area of law.

If you are unsure whether guardianship is the right choice for your family, we can help you explore your options and create a plan that protects your loved one while preserving as much independence as possible.

Guardianship can be the right choice in certain circumstances, but it should never be entered into lightly. By understanding what guardianship means, when it applies, and what alternatives exist, you can make informed decisions that prioritize the safety and dignity of your loved ones.

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