Guardianship

A guardianship is the court procedure for appointing a guardian to care for a minor or an incapacitated individual’s health and/or finances. A guardian can be placed in charge of the person’s property, the individual’s person, or both. The court monitors the guardian to ensure he or she is looking out for the individual’s best interests.

If you think your loved one may require a guardianship, we are here to help review all your options to find the best course of action for your situation. We’ll guide you through the guardianship process and help you understand your responsibilities as a guardian.

In general, there are two ways that guardianship can be established. Court-appointed guardianship occurs when state or federal legal systems recognize a need for a minor or adult to have a safe and secure home with either a foster family, extended family, or parent. Legally-appointed guardianship, on the other hand, is established through a legally-binding document where the parents of the child or the adult, while still in sound mind, have named their trusted guardian ahead of time. The document may also contain specific instructions that can help protect their rights, maintain a quality of life, and ensure that medical and educational needs are met.

Your Family’s Essential Needs

Guardianship can be recognized for a variety of reasons, and appointing a guardian can help ensure

• The protected individual or ward can maintain their property, assets, and finances
• The protected individual’s wishes for medical care and education are maintained
• End-of-life decisions are protected
• The protected person has somewhere to live and a trusted person to watch over them

While most guardianships are granted to family members or immediate relatives, some can be assigned to individuals outside of the family, as long as the court finds them suitable and reliable individuals to care for the protected ward.

Understanding the Role of a Guardianship Lawyer

When families come to us seeking guidance, they are often navigating an emotionally charged and legally unfamiliar situation. A guardianship lawyer helps bridge that gap. Whether you are petitioning the court for guardianship of a loved one or defending against an appointment that may not serve someone’s best interests, legal counsel provides clarity and legal protection at every step.

Our role at the Law Office of Petrovitch & Kutub is to help you understand your legal responsibilities, file the necessary documents, and ensure that the court-appointed arrangement reflects the needs and dignity of the person involved. We also help resolve conflicts between family members, communicate with the court, and ensure compliance with ongoing reporting requirements. Guardianship law in Florida is detailed, and our firm ensures no critical step is overlooked.

When Is Guardianship Needed?

Guardianship may become necessary under various circumstances, including when an adult becomes incapacitated due to injury, illness, dementia, or developmental disability. For minors, it may be needed when parents are unable to care for the child due to death, incarceration, or incapacity. Our firm handles both adult and minor guardianship cases throughout Florida.

We often see guardianships arise in the following situations:

• An aging parent is no longer able to manage finances and medical decisions.
• A child with special needs turns 18 and requires continued support and protection.
• A minor is left without a capable parent due to unforeseen circumstances.
• A vulnerable adult is being financially exploited or physically neglected.

Each of these scenarios requires a specific legal strategy. As your guardianship attorney, we tailor our support to match the needs of the protected individual and your family.

Types of Guardianship in Florida

In Florida, there are different types of guardianship depending on the individual’s needs and the circumstances of the case. We help our clients understand the distinctions and pursue the right path forward.

• Plenary Guardianship: This type gives the guardian full authority over the incapacitated individual’s person and property. It is typically used when individuals cannot care for themselves or manage their lives.
• Limited Guardianship: A limited guardianship may be appropriate when a person is only partially incapacitated. In this case, the guardian only has authority over specific areas of the ward’s life, as defined by the court.
• Guardian Advocacy: Guardian advocacy is a specialized form of guardianship for individuals with developmental disabilities that allows family members or caregivers to continue providing support after the individual reaches adulthood.
• Emergency Temporary Guardianship: When someone is at immediate risk, the court can appoint a guardian temporarily to prevent harm while the full guardianship case proceeds.

Understanding which type applies to your situation can be complex, but we are here to help you make informed and timely decisions.

The Guardianship Process in Florida

The guardianship process begins with a petition to the court. From there, the court will determine whether the individual is legally incapacitated and whether the proposed guardian is suitable for the role. Here’s a general overview of how the process unfolds:

1. Filing the Petition – A petition to determine incapacity and a petition for guardianship are filed in the appropriate court.
2. Evaluation by a Committee – The court appoints an examining committee to evaluate the person.
3. Hearing and Determination – The court holds a hearing to decide whether the person is incapacitated and whether guardianship is necessary.
4. Guardian Appointment – If approved, the court officially appoints the guardian and issues Letters of Guardianship.
5. Ongoing Reporting – The guardian must provide annual reports, financial accounting, and updates on the ward’s well-being.

Each case is different, and while some guardianships are straightforward, others involve disputes, multiple petitions, or resistance from family members. As your guardianship lawyer, we are ready to handle both the procedural and emotional aspects of the case with care and precision.

Preventing Guardianship Through Planning

While we assist with contested and emergency guardianships, we strongly believe in helping families take proactive steps to avoid unnecessary court intervention. With proper estate planning, many guardianships can be avoided altogether

Tools such as powers of attorney, health care surrogates, and revocable living trusts can eliminate the need for court-supervised guardianship for adults. These documents allow trusted individuals to act on behalf of a person without requiring court approval. For minor children, nominating a guardian in a will gives you the power to decide who should care for your child if something happens to you.

Our firm routinely works with families across Florida to develop these planning tools. This is part of how we have helped protect dignity, autonomy, and peace of mind for years.

Why Clients Turn to PK Legal for Guardianship Matters

At the Law Office of Petrovitch & Kutub, we approach guardianship cases with compassion, diligence, and attention to detail. We recognize that no two families are identical, and each guardianship case presents unique emotional and legal challenges.

Families turn to us because we offer:

• A deep understanding of Florida guardianship law
• Step-by-step support throughout the process
• Help with both contested and uncontested guardianships
• Assistance with long-term planning to avoid future disputes
• Representation that reflects empathy and professionalism

Whether you seek to become a guardian or need advice on protecting a vulnerable loved one, we are here to help.

Frequently Asked Questions

How long does the guardianship process take?
In uncontested cases, guardianship can be established within 30 to 90 days. Depending on the circumstances, contested or complex cases may take longer.

Can multiple people serve as guardians?
Yes. Florida law allows for co-guardians, though the court will assess whether the arrangement serves the best interests of the ward.

Does the guardian have to be a family member?
No. The court may appoint any responsible adult it deems fit to serve, including non-family members or professional guardians.

What happens if no one is willing to serve as a guardian?
If no suitable guardian is available, the court may appoint a professional guardian from an approved list maintained by the state.

Can a guardianship be modified or terminated?
Yes. If circumstances change, such as the ward’s improved capacity, the court can modify or end the guardianship based on medical evaluations and legal review.

Helping You Take the Next Step in Guardianship

If you are considering becoming a legal guardian, it can be difficult to know where to begin. Whether you’re concerned about a vulnerable adult or planning ahead for a child, guardianship is a deeply personal and often urgent legal process.

At the Law Office of Petrovitch & Kutub, we are committed to walking families through every step of that process. With focused experience in guardianship law and offices serving West Palm Beach, Fort Lauderdale, and Boca Raton, we provide clear legal guidance with compassion and care.

To speak with a trusted guardianship lawyer, contact our office today. We are ready to help you take the right steps to protect your loved one with confidence and legal clarity.