Jacksonville Guardianship Attorney 

Common Types of Guardianship

Every family situation is unique, and Florida law offers several guardianship structures to meet different needs. The most common include:

• Guardianship of the Person: This guardian is responsible for non-financial decisions, such as medical care, personal care, and living arrangements. The guardian ensures the ward’s daily needs are met and that they receive proper healthcare and supervision.
• Guardianship of the Property: This guardian manages the ward’s assets, income, investments, and financial obligations. Duties may include accounting, safeguarding funds, paying expenses, and managing real estate or other property.
• Plenary Guardianship: A plenary guardian has full decision-making authority over both the person and the property. This type of guardianship is typically granted when the ward is entirely incapable of self-care or self-management.
• Limited Guardianship: The court grants authority over only specific areas where the ward requires assistance. Limited guardianship is often used when the ward can still participate in certain decision-making responsibilities.
• Temporary or Emergency Guardianship: In urgent situations—such as immediate health or safety risks—the court may grant temporary guardianship. This allows the guardian to act quickly while a full evaluation of permanent guardianship takes place.
• Guardianship for Minors: Guardians may be appointed for minor children when both parents have passed away, parental rights have been terminated, or the parents are otherwise unable to provide care.

Our team at Owenby Law, P.A. helps families determine which type of guardianship best fits their needs and assists with every step of the process.

The Process of Obtaining Guardianship in Florida

The Florida guardianship process is detailed and court-supervised to ensure the ward’s rights are protected. Here is what families in Jacksonville can expect:

1. Petitioning the Court

The process begins by filing two documents:

• A Petition to Determine Incapacity
• A Petition for Appointment of Guardian

These documents outline why guardianship is necessary and the petitioner’s relationship to the ward.

2. Examination of the Alleged Incapacity

The court appoints an examining committee made up of:

• A psychiatrist or medical doctor
• Another healthcare professional
• A layperson with specialized training

Each examiner meets with the ward, conducts evaluations, and submits reports to the court describing the ward’s ability to make decisions.

3. Court Hearing

The judge reviews the reports, listens to testimony, and determines whether the person is legally incapacitated. If so, the court decides whether a guardianship is necessary and, if so, what type.

4. Appointment of a Guardian

If guardianship is approved, the court formalizes the guardian’s authority and issues Letters of Guardianship, legally granting decision-making power.

5. Ongoing Court Oversight

Guardians must:

• File annual reports
• Submit financial accountings (if managing property)
• Maintain updated care plans
• Act in the best interest of the ward at all times

Our Jacksonville guardianship lawyers guide clients through all reporting requirements to ensure full compliance with Florida law.

Guardianship FAQs

What is required to become a guardian in Florida?

Guardians must be over 18, mentally and physically capable, and free of felony convictions. Non-residents may serve as guardians if they are closely related to the ward.

How long does the guardianship process take?

Most cases take several months, though emergency guardianships can be granted in a matter of days.

Can guardianship be avoided?

Sometimes. Alternatives include powers of attorney, living wills, trusts, and healthcare surrogate designations. Our attorneys can help determine whether a less restrictive option is available.

Can guardianship be terminated?

Yes. If the ward regains capacity or circumstances change, the court may modify or terminate guardianship.

Do I need a lawyer to establish guardianship?

While not required, guardianship is a highly technical legal process. Working with an experienced Jacksonville guardianship lawyer helps ensure accuracy, compliance, and a smoother experience.

Speak With a Jacksonville Guardianship Lawyer at Owenby Law, P.A.

Guardianship is a significant responsibility and a deeply personal process. At Owenby Law, P.A., we provide knowledgeable, compassionate guidance to families throughout Jacksonville, FL, helping them protect their loved ones with confidence.

When it comes to guardianship, making the right legal decisions is crucial. Let a trusted Jacksonville guardianship attorney guide you through the process!