What is a Guardian?

When someone you care about can no longer safely manage important parts of their life, the court can appoint a guardian to step in and help protect them. In Florida, a guardian is a person appointed by the court to act on behalf of another person, called the “ward,” for personal, medical, and/or financial decisions the ward can no longer handle alone.

Guardianship is not about taking over someone’s life for convenience. It is a protective legal relationship designed to keep a vulnerable person safe while preserving as much of their independence and dignity as possible.

What a Guardian Does

A guardian’s responsibilities depend on the court’s findings regarding the ward’s capacity and needs. In many Florida cases, a guardian may be authorized to make medical and personal decisions, which can include consenting to medical treatment, coordinating care, choosing appropriate living arrangements, and assisting with day‑to‑day safety decisions.

A guardian may also be responsible for managing the ward’s money and property. This can involve paying bills, managing bank accounts, protecting income and investments, and taking steps to prevent financial exploitation or undue influence. The guardian must keep accurate records and file required reports and accountings with the court so the judge can monitor both the ward’s well‑being and the handling of funds.

All of these duties are performed under continuing court supervision, with the goal of balancing protection and autonomy for the ward, rather than simply removing rights because family members are concerned.

When a Guardian May Be Needed

Under Florida law, guardianship is intended to be a last resort. Courts look first at less‑restrictive options, such as powers of attorney, health care surrogate designations, trusts, or other planning tools, before authorizing a guardianship. A guardian may become necessary when an adult has been found incapacitated and is no longer able to understand information or make safe decisions, even with assistance, such as in cases of advanced dementia, traumatic brain injury, serious mental illness, or significant developmental disabilities.

Guardianship may also be appropriate when there is a real risk of harm. Common warning signs include unpaid bills, repeated financial mistakes, foreclosure or eviction notices, utilities being shut off, unsafe living conditions, or situations where the person is clearly signing documents or giving away money they do not understand. In some cases, the person may be neglecting their own medical care by refusing or forgetting medications, missing appointments, or being unable to follow medical advice in ways that place their health or safety at serious risk.

For minors, Florida law often requires a guardianship when a child receives an inheritance, settlement, or insurance proceeds above certain statutory thresholds, or when there is no available parent to exercise parental rights. In these situations, if appropriate planning documents are not in place or can no longer be executed, guardianship may be the only practical legal mechanism to protect the individual.

Why Contact Yergey and Yergey

Guardianship proceedings in Orlando are handled in the probate division of the circuit court and involve detailed statutes, strict procedural and reporting requirements, and emotionally difficult decisions for families. Navigating those issues without guidance can place additional strain on families who are already trying to care for a vulnerable loved one.

Yergey and Yergey, P.A. is an established Orlando firm with a long history of representing Central Florida families in probate, guardianship, and related matters. Our attorneys assist clients in determining whether guardianship is truly necessary, exploring less‑restrictive alternatives when available, preparing and filing the required pleadings, and representing guardians at hearings and throughout the ongoing administration of the case.

We provide clear explanations of each step, realistic expectations about timing and obligations, and practical guidance on meeting the court’s reporting and fiduciary requirements so that clients can focus on the ward’s care rather than the procedural details. If you are in Orlando or the surrounding area and have concerns about a parent, spouse, child, or other loved one who may need a guardian, you may contact Yergey and Yergey to schedule a consultation and discuss the options available in your specific situation.