Guardianship in Florida: When Is It Needed (and When Is It Not)?

Let’s be real — the word “guardianship” sounds super official (and a little intimidating). But sometimes it’s absolutely necessary. Other times? You might be able to avoid it altogether.

Here’s what Florida families need to know about when guardianship is required, and when you might have a simpler option.

So, What Is Guardianship in Florida?

In plain English? Guardianship is when the court steps in to give someone legal authority to make decisions for another person who can’t manage on their own.

It might involve:

• A child whose parents have passed away or become unfit

• An adult with dementia or serious mental health issues

• A person with developmental disabilities who can’t make major life decisions on their own

It’s meant to protect — but it also comes with court oversight, reports, and responsibilities.

When Guardianship Is Needed

Here are some of the most common situations where Florida guardianship is necessary:

1. No Power of Attorney or Estate Plan Was Set Up

If an adult loses capacity (due to Alzheimer’s, stroke, or accident) and never signed any planning documents, guardianship may be the only way to legally manage their:

• Finances

• Healthcare decisions

• Living arrangements

  
  

2. Parents of a Special Needs Child Who Just Turned 18

When a child with an intellectual or developmental disability becomes an adult, parents no longer have automatic authority to make decisions — unless they obtain guardianship.

For individuals with developmental disabilities like autism, cerebral palsy, Down syndrome, and many others, Florida offers a simplified alternative called Guardian Advocacy. It skips some of the red tape and is often more appropriate than full guardianship.

3. Minor Children with No Living Parents

If both parents pass away without naming a guardian in their will, someone must petition the court for guardianship of the minor. This is needed to handle things such as medical decisions, school enrollment, and more.

4. Minor Children WITH Living Parents but the Child received a settlement or inheritance

If a minor receives a settlement or inheritance of $15,000 or more, even if both parents are living and involved in their life; a guardianship over the property for the minor is required by law.

When Guardianship Isn’t Needed

Sometimes, there’s a better — and less invasive — option.

With Good Estate Planning:

• A power of attorney can handle finances and assets

• A healthcare surrogate can make medical decisions

• A living trust can also manage assets

  
  

Having a proper estate plan in place is a great start to prevent the need for guardianship, but it is still no guarantee.

Pro Tip: Guardianship Isn’t One-Size-Fits-All

In Florida, there are different types:

• Guardian of the Person: Makes healthcare and personal decisions

• Guardian of the Property: Manages finances and assets

• Limited Guardian: Has some powers over both Person and Property, but not all

• Plenary Guardian: Has full authority over both Person and Property

  
  

The court is required to look at the least restrictive option FIRST— so sometimes, limited guardianship is all that’s needed.

What Should You Do If You Think It’s Needed?

Don’t guess — ask! If someone in your life is struggling to manage their own affairs, the right legal solution depends on their unique situation.

We help Florida families figure out whether guardianship is necessary — or if there’s a better option. We’ll walk you through every step with clarity and compassion.