Florida Guardianship Procedures
Created by FindLaw's team of legal writers and editors | Last reviewed March 20, 2018
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Sometimes we are faced with the difficult situation of having a family member or loved one become unable to make day-to-day decisions for themselves. When this happens, it may become necessary to have a guardian make decisions for that person. The process of determining a guardian can be complicated. This is a brief overview of Florida guardianship procedures, in order to give you a better idea of what is involved in a Florida guardianship proceeding.
What Does Guardianship Mean?
Under Florida law, guardianship refers to the management of the affairs of someone who is unable to manage his or her own affairs. Generally, a court orders guardianship on behalf of someone who is called a "ward" of the court. A guardian then assumes the rights of the ward to make decisions about many aspects of the ward's daily life. A guardian is obligated by ethical and statutory rules to make decisions in the ward's best interest.
Florida Guardianship Overview
Below you will find key information about Florida's guardianship procedures.
Statute |
Florida Title XLIII: Domestic Relations Chapter 744 (Guardianship) |
Qualifications |
A person is qualified to serve as a guardian in Florida if he or she: |
Filing |
Is a non resident who is:
A person seeking guardianship can file three documents:
|
Requirements of Guardian Appointment |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Florida Codes and Legal Research Options
Related Resources
- State Guardianship Forms
- Guardianship of Incapacitated or Disabled Persons
- Termination of Florida Guardianships
Learn More About Florida Guardianship Procedures from an Attorney
Guardianship can be a complicated legal process. If you're interested in learning more about Florida guardianship procedures, or would like help with the process, it's a good idea to contact a local family law attorney who can help explain Florida's guardianship laws and how they may impact your case.
Can I Solve This on My Own or Do I Need an Attorney?
- Family law matters are often complex and require a lawyer
- Lawyers can protect your rights and seek the best outcome
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.
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