Florida Guardianship FAQS

What is a guardianship? What do I need to know about Florida guardianship law? How long do guardianships in Florida last? How do probate judges decide if someone needs a guardianship? What is a “Ward”? What are the duties of a guardian in Palm Beach County?

What is a guardianship?

• In Florida, a guardian is appointed to protect an incompetent or minor ward.
• Guardianships are serious, as they usually involve taking away a Florida citizen’s human rights and civil liberties.
• In addition, a guardian will usually handle a Ward’s money, decide where the Ward shall live, and who the Ward sees and socializes or does not socialize with.

If my mom is appointed a guardian, how long will her guardianship last?

• A guardian will only serve as long as the probate court believes it is in the best interests of the Ward.
• Probate judges will make the call and rule on all aspects of any Florida guardianship matters.
• A Florida guardianship can last for the entire lifetime of the Ward or simply a few months.
• If someone lost capacity, perhaps due to dementia or Alzheimer’s disease and needs a guardian, if they regain capacity, the guardianship may be limited, diminished or ended.

What are the duties of a guardian?

• A guardian will be charged with protecting the person and property of someone who needs assistance.
• A guardian is a fiduciary under Florida guardian law.
• The role of the Palm Beach probate judge, the guardian litigators, and everyone else involved in the guardianship matter should be to assist the Ward, the person who needs a guardian, and protect the Ward.
• What should take priority is what is in the best interest of the Ward, not anyone else.