FREQUENTLY ASKED QUESTIONS

A guardianship is a legal proceeding in which a court appoints a person (the guardian) to make decisions on behalf of someone who is unable to make decisions for themselves (the ward). In Florida, guardianships can be established for incapacitated adults or for minors whose parents are unable to care for them. The guardian may be responsible for the ward's personal care, financial affairs, or both.

Any adult Florida resident who has not been convicted of a felony may serve as a guardian. Non-residents may serve if they are related to the ward by blood or marriage. Professional guardians who are registered with the state may also be appointed. The court will evaluate the proposed guardian's ability to serve and act in the best interests of the ward.

A guardian's responsibilities depend on whether they are appointed as guardian of the person, guardian of the property, or both. A guardian of the person makes decisions about the ward's daily care, medical treatment, and living arrangements. A guardian of the property manages the ward's finances, assets, and legal affairs. All guardians must file regular reports with the court and act in the best interests of the ward at all times.