Florida Guardianship Attorneys
Guardianship is one of the most consequential legal proceedings a family can initiate. It asks a court to find that someone you love no longer has the legal capacity to manage their own life — and to strip them of rights accordingly. Jill Ginsberg is Board Certified by the Florida Bar in Elder Law, a credential that requires demonstrated expertise in the incapacity and guardianship matters that many general practice attorneys are not regularly handling. She represents petitioners, guardians, and wards in both uncontested and contested proceedings throughout Broward and Palm Beach counties, and assists appointed guardians through the ongoing administration that follows. If you are trying to protect a family member who can no longer protect themselves, or if you have been appointed guardian and need guidance on what that means, this is where that work gets done.
What Is a Florida Guardianship?
A guardianship is a court-supervised legal arrangement in which a circuit court judge declares an individual legally incapacitated and appoints a guardian to make decisions on their behalf. When incapacity is found, the court identifies which rights the person can no longer exercise — including the right to contract, manage property, make health care decisions, determine their own residence, and in some cases vote. Depending on the extent of incapacity, the court may grant a plenary guardianship — transferring all decision-making authority to the guardian — or a limited guardianship covering only the specific rights the person can no longer manage. The ward retains whatever rights the court does not remove. Ginsberg Shulman’s guardianship practice focuses on incapacitated adults — situations where age, illness, cognitive decline, or injury has left a person unable to manage their own affairs.
When Is Guardianship Necessary?
The first question in any guardianship matter is whether guardianship is actually required. Under Florida law, a court cannot appoint a guardian if a less restrictive alternative exists that adequately protects the individual. A valid durable power of attorney, trust, or health care surrogate designation can sometimes avoid court involvement entirely. A significant part of what we do before any filing is evaluate whether existing documents are genuinely workable — or whether they are defective, being challenged, or being misused in ways that leave the person exposed. When no alternative will sufficiently protect them, guardianship becomes necessary. But that determination is often the central disputed question, and it should be made deliberately. Families who come to us early get an honest assessment of whether they need the court at all — and, if they do, what form that intervention should take.
What Triggers the Guardianship Process?
The process begins when any adult person files a Petition to Determine Incapacity with the circuit court. In practice that is usually a family member, but Florida law does not limit standing to relatives — which is why families sometimes face petitions from directions they didn’t anticipate. The petitioner must have an attorney; the alleged incapacitated person (AIP) will be appointed one by the court. The court then appoints a three-member examining committee, which must include at least one psychiatrist or other physician; the remaining members are drawn from qualified health and social services professionals depending on the nature of the alleged incapacity. Each member independently evaluates the AIP and submits a report. If two of the three conclude the AIP is not incapacitated, the court dismisses the petition. If a majority finds incapacity, the court holds a hearing to determine its scope.
What Is the Difference Between Contested and Uncontested Guardianship?
In an uncontested guardianship, the incapacity is not in dispute — the AIP is in advanced dementia, a coma, or otherwise clearly unable to participate — and the proceeding moves forward without significant conflict. In a contested guardianship, the AIP or other interested parties dispute the finding of incapacity, the identity of the proposed guardian, or both. The AIP may assert through their court-appointed attorney that they retain capacity or object to the proposed guardian. Competing family members may each petition to be appointed. Contested proceedings involve more extensive litigation and court involvement, which translates into substantially higher attorney’s fees and a longer, more difficult process for everyone involved. Jill Ginsberg handles both, but families should understand that contested matters require realistic expectations about timeline and cost from the outset.
Who Can Serve as Guardian in Florida?
Florida law gives preference to a spouse and close relatives, but the ward’s best interests are the controlling standard. A proposed guardian must generally be an adult Florida resident; a nonresident can serve only if they fall within Florida’s list of qualifying relatives. Some disqualifications are absolute — individuals with felony convictions or those found to have committed abuse, abandonment, or neglect of a child cannot serve regardless of their relationship to the ward. Beyond eligibility, the court requires credit and criminal background checks for family guardians, and ongoing reporting obligations apply once appointed. When family conflict or disqualifications make a relative appointment unworkable, the court may appoint a professional guardian — a licensed, court-supervised individual or entity. Jill Ginsberg represents both family and professional guardians and guides them through qualification and appointment before the real work begins.
What Are a Guardian’s Ongoing Responsibilities?
Appointment is the beginning, not the end. A guardian of the person is responsible for decisions about where the ward lives, their medical care, and their daily welfare. A guardian of the property is responsible for marshaling and inventorying assets, paying bills, managing investments prudently, and accounting for every financial transaction. Florida law requires annual plans and accountings filed with the court — reviewed by a clerk and subject to judicial scrutiny. The obligations are demanding, the paperwork is specific, and errors or self-dealing can expose a guardian to personal liability. This is not a role most people are prepared for when they accept it. Guardians who work with experienced counsel throughout administration make better decisions, file accurate reports, and protect themselves from liability that can otherwise surface years after the ward’s death.
What Happens When a Vulnerable Adult Is Being Exploited?
Exploitation of an incapacitated or vulnerable adult does not always require guardianship to address — and in some situations, guardianship is not the right first move. When no adequate planning documents exist and the person cannot protect themselves, guardianship may be necessary, including emergency temporary guardianship when assets or safety are at immediate risk. But when documents do exist and the problem is that someone is abusing them, the immediate priority is often a different kind of intervention: freezing accounts, obtaining injunctive relief, pursuing civil recovery. Jill Ginsberg evaluates which path fits the facts and handles both. The right answer depends on how the exploitation is structured, what authority the wrongdoer holds, and how quickly the situation is deteriorating. If you suspect exploitation, early contact matters — assets move fast and some remedies require prompt action to be effective.
Can a Guardianship Be Modified or Terminated?
Yes. Florida law recognizes that a ward’s condition may change. If a ward regains capacity — or if the scope of incapacity is narrower than originally found — any interested person can petition the court to modify or terminate the guardianship. Courts are also required to consider whether less restrictive alternatives have become available that would adequately protect the ward, and Jill monitors those options throughout the representation. A guardianship also ends at the ward’s death, at which point the guardian files a final accounting and the estate passes to probate or trust administration. Failing to close the guardianship properly leaves the guardian personally exposed to claims that surface later. The closing process has specific procedural requirements, and the order discharging the guardian is what ends their personal liability — until that order enters, the exposure remains.
How Much Does a Florida Guardianship Cost?
The honest answer is it depends on whether the case is contested. An uncontested adult guardianship in Broward or Palm Beach County typically runs from a few thousand dollars in attorney’s fees through appointment, plus court costs, examining committee fees set by the court, and the cost of the required bond. The examining committee fees and bond are paid from the ward’s assets when assets exist. A contested matter, where the alleged incapacitated person, a competing relative, or another interested party challenges the petition or the choice of guardian, can run substantially more, and we will not estimate it without knowing what the dispute looks like. Annual administration also has a cost. Guardians who try to file plans and accountings without counsel routinely produce filings the clerk rejects, which means more time and more legal work to fix. Florida law allows reasonable attorney’s fees and guardian compensation to be paid from the ward’s assets, subject to court approval under §744.108. We provide a written fee estimate after the initial consultation, once we understand what the matter actually requires.
How Long Does the Guardianship Process Take?
In an uncontested case in Broward or Palm Beach County, the period from filing the Petition to Determine Incapacity through entry of an order appointing the guardian usually runs roughly two to four months. The bottleneck is the examining committee. Three independent professionals must each evaluate the alleged incapacitated person and file reports before the court will set a capacity hearing. If the matter is genuinely uncontested and the AIP is cooperative or unable to participate, the timeline is largely a function of court calendar and committee scheduling. A contested matter has no useful average. Hearings on capacity, evidentiary issues, and choice of guardian extend the timeline by months and sometimes longer. Where assets or safety are at immediate risk, an emergency temporary guardianship can be obtained on shortened notice and sometimes within days, but the emergency order is time-limited and the underlying petition for permanent guardianship still has to proceed on the normal track.
Guardianship vs. Power of Attorney: Which Do You Need?
These are not interchangeable. A power of attorney is a private document the principal signs while they still have legal capacity, authorizing an agent to act on their behalf. It is a planning tool created in advance, used voluntarily, and terminable by the principal at any time. Guardianship is a court proceeding initiated after the person has lost capacity, in which a judge strips legal rights and assigns them to a guardian under court supervision. If a properly executed durable power of attorney exists and the agent is honoring it, guardianship is usually unnecessary, and Florida law generally prohibits appointing a guardian to do what an existing agent already has authority to do. Guardianship becomes necessary when no power of attorney exists, when the existing document is defective or being challenged, when the agent is acting against the principal’s interests, or when financial institutions are refusing to honor the document despite their statutory obligation under Chapter 709 to do so. The right answer is almost always to handle this through advance planning. When the planning failed or never happened, guardianship is the remedy.
Where Are Guardianship Cases Heard in Broward County?
Guardianship matters in Broward are filed in the Probate Division of the 17th Judicial Circuit Court at the Broward County Courthouse, 201 SE 6th Street, Fort Lauderdale. The Probate Division handles incapacity determinations, examining committee appointments, contested guardianship litigation, and the ongoing supervision of guardian plans and accountings. Procedural specifics including clerk filing requirements, guardian education requirements, bond schedules, and annual accounting formats vary among Florida counties, and getting them right the first time matters. Jill knows the local procedure, the judges, and the clerks who actually move these cases.
Our Guardianship Services
Guardianship of Incapacitated Adults
Representation for petitioners and guardians in Broward and Palm Beach counties — from evaluating whether guardianship is the right step through the petition, appointment, and ongoing court-supervised administration.
Exploitation of a Vulnerable Adult
When a family member is being financially exploited or abused, the right legal response depends on the specific facts. We handle both guardianship-based and injunction-based approaches depending on what the situation requires.
Learn more about exploitation matters
If a family member can no longer manage their own affairs — or if someone with authority over them is not acting in their interest — contact Ginsberg Shulman now. Guardianship proceedings move on court timelines, not family timelines, and early engagement matters. Call (954) 839-8705 or use the form below to schedule a consultation with Jill Ginsberg.