Guardianship Law

Get the support you need from our Guardianship Law attorneys

Do you need Guardianship law support?

Our attorneys regularly work alongside family members, professional fiduciaries, public guardianship offices, and bank trust departments that are seeking to be appointed or have already been appointed by the court to manage the person and/or property of a minor or an incapacitated adult.  

Whether you are caring for a minor child, an elderly family member, or an adult with disabilities, guardianship may be the ultimate step necessary to ensure your legal authority to act on their behalf. With our extensive experience and trusted guidance, you can navigate the legal processes and fulfill your responsibilities as a guardian or guardian advocate with confidence.

What we offer:

We provide legal support for professionals and individuals seeking appointment as a guardian or guardian advocate, and when necessary, seeking a determination of incapacity, including:

• Legal counseling for family members and professionals who are considering how best to support a minor child in need of a legal guardian, an adult diagnosed with a developmental disability, or an incapacitated adult.
  
• Representation in court during the establishment of all forms of guardianships for minor children and adults.
  
• Representation of individuals seeking voluntary guardianship for themselves or for those persons serving as a voluntary guardian.
  
• Legal counseling and representation during all voluntary and involuntary guardianship proceedings, including limited, plenary, and emergency temporary guardianship proceedings.
  
• Legal counseling and representation relative to guardian advocacies (guardianships for individuals with a specified developmental disability).
  
• Legal representation in incapacity and guardianship proceedings and throughout the guardianship administration process.
  
• Filing petitions for incapacity determinations.
  
• Advising individuals on alternatives to guardianship, such as powers of attorney or healthcare surrogate documentation, when appropriate and available.
  
• Assisting with guardian advocacy for individuals with specified developmental disabilities or special needs.
  
• Managing disputes related to incapacity and guardianship.
  
• Ensuring compliance with Florida guardianship laws and court requirements, including the preparation and filing of initial and annual guardianship reports with the court.
  
• Responding to court auditors’ reports and observations of clerks of court on initial and annual guardianship reports.
  
• Modifying or terminating guardianships, when appropriate.
  
• Seeking restoration of rights to persons previously determined to be incapacitated.

What is Guardianship Law?

Guardianship law governs the legal process by which a court appoints an individual or entity to make personal, financial, or medical decisions for another person who is otherwise incapable of making those decisions for themselves. 

There are several types of guardianships, which vary widely in scope, including:

• Plenary guardianship

After a person has been determined to be incapacitated by the court, this type of guardianship grants decision-making authority over all of the incapacitated person’s property and personal, medical, and financial affairs to a guardian.  Plenary guardianship authority can be granted as to decisions related to ‘the person’ only (decisions related to social, residential, and medical matters) or only as to the incapacitated person’s property, or of both.

• Limited guardianship

Grants authority to a guardian over only certain rights, as determined by the court during an incapacity or restoration hearing.  As an example, a court may determine that a ward is incapable of making informed decisions about their medical treatment and residence, but they may maintain the right to vote and to determine their social activities.

• Emergency temporary guardianship

This type of guardianship is established only in circumstances where a person or their property is in imminent danger. This legal action must be sought in conjunction with another form of guardianship filing.

• Guardian advocacy

A legal process tailored for individuals who have been diagnosed (prior to their 18th birthday) with certain developmental disabilities, and who need support with some, but not all, of their decision-making responsibilities. 

• Voluntary guardianship

A legal proceeding in which a person who has not been determined to be incapacitated chooses to petition the court for the appointment of a guardian to manage some or all of their property.

How can we help?

At ZKS, our experienced attorneys provide legal support in navigating incapacity and guardianship matters. We ensure guardianship petitions and other required paperwork are appropriately prepared and filed, represent clients in court proceedings, and offer continued representation throughout the guardianship to ensure the guardian’s compliance with their fiduciary duties to the ward and ongoing filing obligations with the court.

Our firm understands the complexities involved in incapacity and guardianship cases, and we work diligently to protect the rights of both the guardian and the ward. We also explore alternatives to guardianship where appropriate, helping clients choose the least restrictive option that best serves the interests of their loved ones.