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May 8th, 2025
When families face tough decisions about caring for a loved one who can no longer manage their own affairs, the legal path forward can feel overwhelming. Guardianship in Florida is one of the most powerful legal tools available—but it’s also one that comes with heavy responsibilities and strict court oversight. At Karen Estry, P.A., we help guide Florida families through the guardianship process with clarity, care, and a steady hand.
What is Guardianship in Florida?
At its core, guardianship in Florida is a court-supervised legal relationship. A judge appoints someone (the guardian) to make decisions for another person (the ward) who cannot manage their personal, medical, or financial matters because of incapacity. This could involve an elderly parent struggling with dementia, a child with special needs turning 18, or an adult suffering from a brain injury.
Florida law does not take this step lightly. Declaring someone legally incapacitated strips them of many rights and the court wants to be sure it’s necessary. Before a Florida guardianship is established, a panel of professionals, often including a physician, psychologist, and social worker, must assess the person’s capacity. The court then reviews the findings and decides whether guardianship is appropriate.
There are several types of guardianship legal arrangements in Florida, depending on the ward’s needs. A guardian may be responsible for the ward’s property (handling finances, assets, and bills), their person (making medical and personal care decisions), or both. Florida also allows for limited guardianships when someone can still manage some of their own affairs but needs targeted support.
Where you file matters, too. Florida venue guardianship rules require that these cases be filed in the county where the ward resides. This can get complicated when family members live in different parts of the state or when the ward owns property across multiple counties.
The Guardian’s Role
Serving as a guardian is a legal responsibility with clear, enforceable duties. Under Florida law, a guardian must act in the best interests of the ward, manage their affairs responsibly, and provide regular reports to the court.
For example, a guardian of the property must inventory all assets, manage investments prudently, pay bills, and seek court approval for major financial decisions. This role requires meticulous recordkeeping and an understanding of fiduciary obligations. You can’t simply make decisions as if the money were your own.
A guardian of the person takes on responsibilities such as making medical decisions, arranging living situations, and ensuring the ward’s day-to-day care. This can be emotionally challenging, especially when balancing the ward’s dignity and preferences against the practical need to keep them safe and well. Guardians often work closely with healthcare providers, caregivers, and family members, navigating both medical complexities and family dynamics.
It’s important to understand that guardianship is not always the only or appropriate option. Alternatives—such as powers of attorney, advance healthcare directives, or revocable trusts—can sometimes achieve the same goals without formal court involvement.
How We Can Help Guide You Through Florida Guardianship with Care
At Karen Estry, P.A., we know how deeply personal and complex Florida guardianship cases can be. We don’t just prepare court filings—we partner with you from start to finish, helping you make thoughtful decisions at every step.
When you come to us, we start by listening. We want to understand not just the legal facts but the human story: What are your loved one’s needs? What family dynamics are at play? Who is best suited to serve as guardian, both emotionally and practically? We take the time to walk you through the entire guardianship process, so you understand exactly what’s involved before you move forward.
Our services include helping you determine whether guardianship is truly necessary or whether less restrictive alternatives might work. If you decide to pursue guardianship, we guide you through every stage: preparing and filing the petition, gathering the necessary evaluations, representing you in court, and ensuring that you understand your ongoing obligations once appointed.
We also provide ongoing support for guardians after appointment. Many families are surprised by how much reporting and compliance is required, and we help ensure that you stay on track. We can assist with annual reports, accountings, court approvals, and any legal challenges or disputes that arise along the way.
Whether you are a family member stepping into a guardianship role for the first time or a concerned friend trying to understand your options, we bring a combination of legal skill and human understanding to the table. You will never be left to navigate Florida guardianship on your own.
Take the Next Step with Confidence
If you need help with guardianship legal guardianship Florida filings, understanding Florida venue guardianship rules, or exploring your options, contact Karen Estry at Karen Estry, P.A. today. Our team is here to help you move forward with clarity, compassion, and confidence.
Reach out now by calling (407) 869-0900 or filling out an appointment form to schedule a consultation. We’re ready to help you protect the people who matter most.