Guardianship Attorney in Lakeland

Florida Guardianship Petitions Guided by 20+ Years of Family Law Experience

When a loved one can no longer make decisions for themselves, or when a child needs a court-appointed protector, a guardianship petition is often the right legal step. At Advocate Law Firm, P.A., I bring over two decades of family law experience to these cases, along with direct insight from my work as a court-appointed Guardian ad Litem. That background shapes how I approach every guardianship matter for Lakeland and Polk County families.

Florida guardianship is a court-supervised process under Florida Statutes Chapter 744. A judge appoints a guardian to make legally binding decisions on behalf of a ward, a person the court has determined lacks the capacity to manage their own affairs. Guardianship of a minor may also be necessary when both parents are deceased, incapacitated, or otherwise unable to care for the child.

If your family is facing a guardianship situation, call Advocate Law Firm, P.A. to schedule a free case evaluation. Reach us at (863) 644-5566.

Types of Guardianship Under Florida Law

Florida courts can grant several forms of guardianship depending on what the ward actually needs. Understanding the distinctions helps you identify the right petition to file.

Guardian of the Person
This guardian makes decisions about the ward’s personal care, living arrangements, and medical treatment. It’s the most common form sought when a family member can no longer manage day-to-day decisions safely.

Guardian of the Property
This guardian manages the ward’s finances and assets. A court may require this role separately or alongside guardianship of the person.

Limited Guardianship
When a ward lacks capacity in specific areas only, the court can grant authority limited to those areas, preserving the ward’s autonomy everywhere else. Courts prefer this least-restrictive option when the facts support it.

Guardianship of a Minor’s Property
Florida law generally requires guardianship of a minor’s assets once the amount to be paid to the minor exceeds $15,000, whether from an inheritance, insurance proceeds, or another source. A court may also require a guardian before approving a personal injury or wrongful death settlement over that same threshold.

Who Can Serve as a Guardian & Pre-Need Designation

To serve as a guardian in Florida, a person generally must be an adult Florida resident with an interest in protecting the ward’s rights. Nonresidents may qualify if they are related to the ward by blood, marriage, or adoption.

Florida Statute 744.3045 allows any competent adult to designate a pre-need guardian, naming in advance who should be appointed if incapacity occurs. Courts give that designation significant weight and can follow it unless the nominee is found unqualified. Completing a pre-need designation now can spare your family from a contested proceeding later.