Guardianship in Florida

Caring hands of a loving young woman clasping the hands of an elderly person tenderly in her palms

A guardian is a surrogate decision-maker appointed by the court to make personal and/or financial decisions for a minor, or for an adult with mental or physical disabilities after which they are referred to as a “ward.”

Florida law requires the court to appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.

Adult guardianship is the process by which the court finds an individual’s ability to make decisions so impaired that the court gives the right to make decisions to another person. Guardianship is only warranted when no less restrictive alternative—such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive—is found by the court to be appropriate and available.

All adult and minor guardianships are subject to court oversight.

Guardianship can be a complicated legal process, and you may find it helpful to consult with an experienced family law attorney. D’Lugo and DeFlora, P.A. can analyze your unique situation and help you make decisions in your best interest. If you find yourself needing support, legal information or help, call D’Lugo and DeFlora for a consultation at 407.870.5551 or online at


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