High Point
Legal Group
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Protecting the People Who Can't Protect Themselves
Whether it's an aging parent whose memory is slipping, a child whose parents have passed away, or an adult loved one with a serious disability, there are moments in life when someone we care about needs another person to step in and make decisions on their behalf.
Florida guardianship is the legal process that makes that possible. It's also a process that can feel overwhelming — full of court hearings, legal terminology, and decisions that carry real weight. Our goal is to walk alongside you, making each step as clear and manageable as possible.
What Is a Guardianship?
A guardianship is a legal relationship, established by a Florida court, in which one person (the guardian) is given the authority and responsibility to make decisions for another person (the ward) who cannot make those decisions for themselves.
Guardians may be appointed to make decisions about:
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Medical care and treatment
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Housing and daily living arrangements
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Finances, property, and benefits
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Education (for minors)
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Safety and general well-being
Because guardianship involves taking away some or all of a person's legal rights, Florida courts treat it seriously — and so do we. The goal is always to protect the ward while preserving as much of their independence and dignity as possible.
Adult Guardianship in Florida
Adult guardianship is most often needed when an adult becomes incapacitated — unable to manage their own health, safety, or finances due to age, illness, injury, or disability.
Common situations include:
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A parent with advancing Alzheimer's or dementia
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An adult child with a developmental or intellectual disability
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A spouse who has suffered a serious stroke or traumatic brain injury
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A loved one whose mental illness prevents safe decision-making
The Process in Broad Strokes
Florida law requires a careful, multi-step process before any adult can be declared incapacitated and placed under guardianship:
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Petition to Determine Incapacity — A concerned person (often a family member) files a petition with the court explaining why they believe their loved one cannot make decisions safely.
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Examining Committee — The court appoints a three-person examining committee, usually including at least one physician and other professionals who evaluate the individual and report back to the court.
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Hearing — A judge reviews the reports and hears testimony. The person alleged to be incapacitated has the right to an attorney.
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Order Determining Incapacity — If the judge finds the person is partially or fully incapacitated, the court issues an order specifying which rights are removed.
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Appointment of Guardian — The court then appoints a guardian and issues Letters of Guardianship.
Less-Restrictive Alternatives
Before recommending full guardianship, we always look at whether a less-restrictive option would accomplish the same goal — such as a durable power of attorney, a health care surrogate designation, a trust, or a representative payee arrangement. These tools often allow families to avoid guardianship entirely when they're put in place before a crisis hits.
Minor Guardianship in Florida
Guardianship for a minor is sometimes necessary when a child's parents are unable to care for them, or when a child inherits or receives a significant sum of money.
The two most common scenarios are:
(1) Guardian of the Person
Needed when both parents are deceased, incapacitated, or otherwise unable to serve as the child's caregiver. A guardian of the person takes on the day-to-day parenting role — where the child lives, goes to school, receives medical care, and so on.
(2) Guardian of the Property
Required whenever a minor receives assets above a statutory threshold — for example, from an inheritance, life insurance policy, or personal injury settlement. Even if the child's parents are alive and well, Florida law requires a court-supervised guardian to manage those funds until the child turns 18.
In many cases, the same person serves as both guardian of the person and guardian of the property.
Preneed Designations
Florida also allows parents to name, in advance, who they would want to serve as guardian if they were ever unable to care for their children. This preneed guardian designation is one of the most important — and most overlooked — documents a young family can put in place. We help parents make these designations part of their broader estate plan.
Responsibilities of a Florida Guardian
Being appointed guardian is an honor, but it's also a serious legal responsibility. Florida guardians are officers of the court and must:
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File an Initial Guardianship Plan (for a guardian of the person) and/or a Verified Inventory (for a guardian of the property) shortly after appointment
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File Annual Guardianship Plans and Annual Accountings every year
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Obtain court approval before making certain major decisions
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Keep detailed records of the ward's finances and well-being
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Complete any required guardian education courses
These ongoing duties are one of the main reasons families choose to work with an attorney. The paperwork is specific, the deadlines are firm, and mistakes can create real legal exposure for the guardian.
How We Help
Guardianship cases are rarely just legal matters — they're family matters, often arriving during some of the most emotionally difficult moments in a person's life. At High Point Legal Group, our role is to handle the legal side with skill and care so you can focus on your loved one.
We help clients with:
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Evaluating whether guardianship is truly necessary, or whether less-restrictive options would serve the same purpose
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Preparing and filing petitions for incapacity and guardianship
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Representing family members seeking appointment as guardian
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Guiding guardians through annual reporting and accounting requirements
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Preneed guardian designations for parents and adults planning ahead
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Modifying or terminating guardianships when circumstances change
Talk to Us Before You Feel Overwhelmed
If you're worried about an aging parent, caring for a loved one with a disability, or trying to plan ahead for your own children, please don't wait for a crisis. The earlier we're involved, the more options we can offer — and the less stressful the process tends to be.