Types of Guardianship and When They Are Needed

Types of Guardianship and When They Are Needed

Guardianship offers a legal solution for situations where an individual is unable to make decisions on their own due to age, disability, or incapacity. In Florida, courts may appoint a guardian to manage personal, financial, or medical decisions on behalf of someone else. At PK Legal Group, we assist families in determining the appropriate type of guardianship for their unique needs, ensuring compliance with Florida law.

Whether you are seeking to care for a vulnerable adult or a minor child, guardianship involves a legal process that must be handled with care. The appropriate type of guardianship depends on the individual’s capacity and the scope of authority required.

Plenary Guardianship

Plenary guardianship grants full legal authority to a guardian for both the person and property of an incapacitated adult. This is the most comprehensive form of guardianship available in Florida and is typically used when the ward is unable to handle any aspect of their affairs.

It is often established following a court determination that the individual lacks the capacity to make informed decisions. A guardianship attorney plays a key role in guiding families through this process, from capacity hearings to the final appointment of a guardian.

Limited Guardianship

In cases where an individual can still make some decisions independently, the court may order a limited guardianship. This form of guardianship allows the court to assign specific decision-making powers to the guardian, while the ward retains authority over other areas of their life.

A limited guardianship attorney can help establish these boundaries and ensure the plan respects the ward’s remaining autonomy. This option is often appropriate for elderly individuals or adults with declining mental function who can still participate in their own care at some level.

Guardian Advocacy

Guardian advocacy is a unique process designed specifically for individuals with developmental disabilities. Unlike traditional guardianship, it does not require a finding of incapacity. Instead, it enables families to secure legal authority over certain aspects of care for individuals who may need support with education, housing, or healthcare decisions.

Guardian advocacy is commonly used by parents of adult children with intellectual disabilities. With the help of a guardian advocacy attorney, the process can be handled efficiently, minimizing unnecessary court burdens and allowing families to focus on long-term support.

Emergency Temporary Guardianship

Sometimes, an emergency arises that requires immediate intervention to protect a person’s well-being or assets. In such cases, Florida law permits the appointment of an emergency temporary guardian for up to 90 days. The court must find that there is an immediate risk of harm or loss.

This type of guardianship is especially useful in medical emergencies or when financial abuse is suspected. Our practice areas page explains how our team assists families in filing emergency petitions and securing urgent protections.

When Is Guardianship Necessary?

Not all vulnerable individuals require guardianship. Alternatives, such as powers of attorney or healthcare surrogates, may offer sufficient protection in some cases. However, when a person has lost the ability to make safe decisions and no planning is in place, guardianship becomes essential.

Everyday situations that may require court-appointed guardianship include:

• An elderly person with dementia who can no longer manage their finances
• An adult with a developmental disability aging out of parental care
• A child whose parents are deceased or unavailable
• A vulnerable adult at risk of abuse or exploitation

Understanding when guardianship is appropriate helps families act quickly and responsibly. Schedule a consultation to evaluate your situation with a Florida attorney who regularly handles guardianship matters.

Legal Guidance Throughout the Process

Guardianship proceedings require clear documentation, court filings, and in many cases, ongoing reporting obligations. Having legal representation throughout the process can prevent delays and ensure all requirements are met. The appointment of a guardian involves more than just filling out forms. It is a court-supervised relationship that comes with ongoing responsibilities.

Working with a guardianship lawyer ensures that your petition is filed correctly and that you understand the duties involved. Legal support also helps address contested guardianships, modifications, or transitions between guardians.

Trusted Support for Florida Families

Choosing the correct type of guardianship can protect your loved one’s health, safety, and dignity. The Law Office of Petrovitch & Kutub is committed to helping families in Florida establish guardianships that meet both legal requirements and individual needs. Whether you are seeking full authority or limited oversight, our team is ready to support you. Contact us today to begin your guardianship case with guidance you can trust.