At Daniel M. Genet, P.A., we help families throughout Florida protect vulnerable loved ones through the legal process of guardianship. Whether due to age, illness, or disability, when someone loses the ability to manage their personal or financial affairs, a court-appointed guardian may be necessary.
Located in Tampa and serving all of Florida, our firm is here to guide you through every step of the guardianship process.
What Is Guardianship in Florida?
Guardianship is a court-supervised legal arrangement where one person (the guardian) is appointed to make decisions on behalf of another individual (the ward) who has been found incapacitated. This process is governed by Chapter 744 of the Florida Statutes.
A guardianship may be necessary when a person can no longer make safe or informed decisions due to:
- Alzheimer’s or dementia
- Stroke or brain injury
- Intellectual or developmental disability
- Severe mental illness
- Physical illness that limits judgment or communication
When Is Guardianship Appropriate?
Guardianship is generally considered a last resort, imposed only when there are no less restrictive alternatives, such as a power of attorney, trust, or health care surrogate designation.
Once a person is already incapacitated and no planning documents are in place, guardianship may be the only legal way to:
- Make medical decisions
- Manage property or financial affairs
- Protect the individual from exploitation or harm
Types of Guardianship in Florida
Florida courts may impose either a plenary or limited guardianship based on the individual’s level of incapacity.
🔒 Plenary Guardianship
This is the most comprehensive form of guardianship. The guardian receives full authority over all legal rights that can be delegated, including personal, medical, and financial decisions.
🔓 Limited Guardianship
In cases where the person retains partial capacity, the court may assign a limited guardianship, where the guardian only makes decisions in specified areas (e.g., health care, finances), while the ward retains other rights.
Florida law requires courts to favor limited guardianships when possible under Fla. Stat. §744.331(6)(b).
Understanding the Incapacity Determination Process
Before appointing a guardian, Florida law mandates that the court first determine whether the individual is truly incapacitated.
👨⚕️ Examining Committee
A three-member examining committee (including at least two physicians or professionals) is appointed by the court to evaluate the person’s cognitive, physical, and functional status. Each member files a detailed report with the court.
⚖️ Court-Appointed Attorney
The alleged incapacitated person (AIP) is assigned an attorney to represent them during the proceedings. This ensures their rights are protected throughout the case.
If the court finds that the person is totally or partially incapacitated, it will then decide on the appropriate type of guardianship.
Who Can Be Appointed as a Guardian in Florida?
Florida law allows most competent adults to serve as guardians, especially close family members. However, certain individuals are disqualified under Fla. Stat. §744.309, including those who:
- Have a felony conviction
- Have been deemed mentally or physically unfit
- Have a history of abuse, neglect, or exploitation
- Have financial irresponsibility (e.g., prior bankruptcies or asset mismanagement)
- Have conflicts of interest with the ward
The court will evaluate each proposed guardian to ensure they are capable of acting in the best interest of the ward.
Guardian Duties and Annual Reporting Requirements
Once appointed, a guardian assumes legal responsibilities and must remain in full compliance with Florida law.
📋 Initial Filings
- Initial Guardianship Plan: Describes how the ward’s personal needs will be met.
- Initial Inventory: Lists the ward’s assets and income, if the guardian manages property.
🔁 Annual Reporting Duties
- Annual Guardianship Plan (Fla. Stat. §744.3675): Updates on the ward’s residence, condition, and care.
- Annual Accounting (Fla. Stat. §744.367): Details of income, expenditures, and asset management, if applicable.
Failure to comply with reporting requirements may result in removal as guardian or other legal consequences.
Why Choose Daniel M. Genet, P.A. for Your Florida Guardianship Case?
At Daniel M. Genet, P.A., we combine compassionate counsel with thorough legal knowledge to help families through this sensitive and complex process. Whether you are petitioning to be a guardian, responding to a guardianship case, or already appointed and seeking support with ongoing duties, we are here to help.
✅ We Offer:
- Personalized guardianship strategy
- Representation in incapacity hearings
- Guidance with examining committee procedures
- Court-compliant reporting and filings
- Decades of experience in Florida guardianship law
Schedule a Guardianship Consultation in Florida Today
If your loved one can no longer manage their affairs and you believe guardianship is necessary, our firm is ready to assist.
📞 Call us at (813) 872-8787
📍 Visit us at: 5322 Primrose Lake Circle, Suite F, Tampa, FL 33647
🌐 Serving clients throughout the State of Florida
Daniel M. Genet, P.A. – Florida Guardianship Attorney You Can Trust