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Adult Guardianships in Florida

Adult guardianships in Florida. What are they and do you need one?

When we talk about guardianships in Florida, we’re not talking about guardians for minors, we’re talking about adult persons who may or may not have their rights taken away because they need some assistance, they need some protection. In Florida, guardianship law is governed by chapter 744. It’s our guardianship code, you can read it free online.

But a guardianship for an adult is initiated by the filing of a petition with a probate court that says, “This person is incapacitated. Judge, you need to remove some of those person’s rights, you need to take them away, they need some protection, they’re incapacitated and they need a guardian.”

But remember, even if somebody is deemed to be incapacitated by a Probate Court judge in Florida, they may not need a guardian if there’s a lesser restrictive alternative that adequately addresses their needs. A power of attorney and a revocable trust may be the answer to that.