In Florida, legal guardianship is a court-ordered process in which a person or institution is appointed to make legal decisions for an individual who is deemed incapacitated. This individual, known as the “ward,” may be unable to manage their own affairs due to factors such as age, illness, or disability. Guardianship becomes necessary when less restrictive alternatives, like power of attorney, are insufficient to protect the individual’s well-being. The process is designed to safeguard the ward’s personal and/or financial interests by providing a legal framework for someone else to act on their behalf.

To determine incapacity, the Florida court initiates a formal process. A “Petition to Determine Incapacity” is filed, and the court appoints an examining committee of three members, including a physician. This committee conducts evaluations, including medical, psychological, and functional assessments, and submits reports to the court. The court also appoints an attorney to represent the alleged incapacitated person. Following the review of these reports, the court holds a hearing to determine if the individual is indeed incapacitated. If the court finds incapacity, it will then determine if a guardianship is needed.

In Florida, generally, any competent adult residing in the state can serve as a guardian. Certain relatives who live outside of Florida may also qualify. However, individuals with felony convictions or those deemed incapable of fulfilling the duties are excluded. The court may also appoint professional guardians or institutions, such as trust departments, depending on the specific needs of the ward. It is important to note that the court prioritizes the best interests of the ward when making this appointment. 

Florida law recognizes different types of guardianship, primarily: guardianship of the person, guardianship of the property, and guardianship of both the person and property. Guardianship of the person involves decisions related to the ward’s personal well-being, such as healthcare and living arrangements. Guardianship of the property pertains to managing the ward’s financial affairs. A combined guardianship involves both personal and financial responsibilities. The type of guardianship appointed depends on the extent of the ward’s incapacity and their specific needs.

Once appointed, a legal guardian in Florida has ongoing responsibilities, including acting in the ward’s best interests and adhering to court orders. Guardians of the property must maintain accurate records, file annual reports with the court, and obtain court approval for significant financial transactions. Guardians of the person must ensure the ward’s health, safety, and welfare. All guardians are subject to court oversight and may be required to complete training courses. Furthermore, guardians must act as a fiduciary, and therefore must act with the upmost good faith, and in the best interest of the ward.