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Guardianship Attorney in Orlando, FL

Schedule Your consultation today! (407) 205-2906

Protecting Loved Ones When They Can't Protect Themselves

When a child, elderly parent, or incapacitated adult cannot make important decisions on their own, guargianship provides a legal framework to protect their well-being, finances, and future. At Barrister Law Firm, our experienced Orlando guardianship attorneys guide families through this sensitive process with clarity, compassion, and efficiency.


Guardianship matters often arise during stressful and emotional moments, whether due to illness, disability, or unexpected life changes. Our role is to help families understand their options, comply with Florida law, and move forward with confidence, knowing their loved one's rights and best interests are being protected at every stage of the process.

What is Guardianship?

Guardianship is a court-supervised legal relationship where one person (the guardian) is appointed to make decisions on behalf of another (the ward) who is unable to manage personal, medical, or financial affairs due to age, disability, or incapacity.

 

Guardianships are governed by Florida law and require strict compliance with court procedures, reporting requirements, and ongoing oversight.

Types of Guardianships We Handle

Guardianship of a Minor

Guardianship of an Incapacitated Adult

Guardianship of an Incapacitated Adult

Established when a child's parents are deceased, incapacitated, or otherwise unable to provide care. A court-appointed guardian is authorized to make decisions regarding child's education, healthcare, and daily living needs in accordance with Florida law.

Guardianship of an Incapacitated Adult

Guardianship of an Incapacitated Adult

Guardianship of an Incapacitated Adult

Often necessary when an adult is unable to manage personal or financial affairs due to illness, injury or cognitive impairment. The guardian's authority is defined by the court based on the individual's level of incapacity.

Minor's Settlement Guardianship

Plenary vs. Limited Guardianship

Plenary vs. Limited Guardianship

Required in Florida when a minor receives a legal settlement or award exceeding the amount permitted without court supervision. A court-appointed guardian manages and protects the settlement funds solely for the child's benefit, with ongoing reporting and judicial oversight similar to matters handled through probate administration.

Plenary vs. Limited Guardianship

Plenary vs. Limited Guardianship

Plenary vs. Limited Guardianship

A plenary guardianship grants the guardian full decision-making authority, while a limited guardianship allows the ward to retain certain rights. Florida courts tailor the scope of the authority to meet specific needs of the individual.

Questions? Give Us A Call Today! Schedule Your Free Consultation at Phone# (407) 205-2906

The Florida Guardianship Process


  1. Filing a Petition with the court.
  2. Determination of Incapacity (when required).
  3. Appointment of a Guardian.
  4. Court Oversight and Reporting.


Guardianship in Florida is a structured legal process designed to protect individuals who are unable to manage their personal or financial affairs. It typically begins with filing a petition with the court and, when required, a formal determination of incapacity. Once guardian is appointed, the court maintains ongoing oversight to ensure the guardian acts in the ward's best interests and complies with all legal obligations. 

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Duties and Responsibilities of a Guardian

Managing Finances and Assets

Providing for Daily Care and Living Arrangements

Making Medical and Healthcare Decisions

Overseeing income, expenses, property, and financial accounts in accordance with court approval.

Making Medical and Healthcare Decisions

Providing for Daily Care and Living Arrangements

Making Medical and Healthcare Decisions

Coordinating medical care and treatment when the ward is unable to make informed decisions.

Providing for Daily Care and Living Arrangements

Providing for Daily Care and Living Arrangements

Filing Required Reports and Accountings with the Court

Ensuring the ward's housing, safety, and daily needs are properly met.

Filing Required Reports and Accountings with the Court

Filing Required Reports and Accountings with the Court

Filing Required Reports and Accountings with the Court

Submitting periodic financial reports and care plans as required by Florida law.

Advocating for the Ward's Rights and Well-being

Filing Required Reports and Accountings with the Court

Complying with Court Supervision and Legal Standards

Protecting the ward's personal dignity, safety, and legal rights in all decisions and actions.

Complying with Court Supervision and Legal Standards

Filing Required Reports and Accountings with the Court

Complying with Court Supervision and Legal Standards

Following Florida guardianship laws, deadlines, and judicial instructions throughout the duration of the guardianship.

Alternatives to Guardianship

Power of Attorney

Healthcare Surrogate Designations

Healthcare Surrogate Designations

Allows a trusted individual to manage financial or legal metters on another person's behalf without court supervision, as long as the individual has legal capacity at the time the document is executed.

Healthcare Surrogate Designations

Healthcare Surrogate Designations

Healthcare Surrogate Designations

Authorizes a designated person to make medical and healthcare decisions if an individual becomes unable to communicate or make informed choices.

Trusts and Estate Planning Tools

Healthcare Surrogate Designations

Trusts and Estate Planning Tools

Provide structured management assets and long-term planning solutions that may reduce or eliminate the need for guardianship, particularly for minors or individuals with ongoing care needs. When appropriate, these tools can be created through thoughtful estate planning to protect assets while minimizing court involvement.

Trusted and Detail-Oriented Guardianship Representation

At Barrister Law Firm, we handle guardianship matters with professionalism and care, recognizing the serious responsibility these cases involved. Because guardianship affects vulnerable individuals and deeply personal decisions, our approach is thoughtful, precise, and guided by Florida law. We prioritize clear communication, reponsive service, and thorough representation, that way our clients feel informed, supported, and confident throughout every stage of the guardianship process. 

Questions? Give Us A Call Today! Schedule Your Free Consultation at Phone# (407) 205-2906

Guardianship Frequently Asked Questions

A Florida court may appoint a guardian when a minor or adult is unable to manage personal, medical, or financial affairs due to age, disability, illness, or incapacity, and no less restrictive legal alternative is available. Courts evaluate the individual's needs carefully before granting guardianship.


Guardianship may be required for minors without legal caregivers, adult with cognitive or physical impairments, or individuals who cannot make informed decisions. Florida courts consider guardianship only when other legal tools, such as power of attorney, are insufficient or unavailable.


While not required in every case, guardianship proceedings involve court filings, hearings, and ongoing compliance with Florida law. An experienced guardianship attorney can help ensure the process is handled correctly and the ward's rights are protected.


The timeline varies depending on the complexity of the case. Uncontested guardianships may take several weeks, while contested or complex matters can take longer due to evaluations, hearings, and court review. 


No. Florida courts aim to preserve as many rights as possible. In limited guardianships, the ward retains certain decision-making rights, while only specific authority is granted to the guardian based on the individual's needs.


A guardian is responsible for acting in the ward's best interests, which may include managing finances, making healthcare decisions, providing daily care, and complying with the court reporting requirements. All actions are subject to court oversight. 


Yes. Alternatives may include powers of attorney, healthcare surrogate designations, trusts, or other estate planning tools. Florida courts generally prefer these less restrictive options when they adequately protect the individual's rights and well-being.


Barrister Law Firm assists clients with guardianship petitions, court proceedings, compliance requirements, and ongoing legal guidance. Our approach focuses on clear communication, careful preparation, and dependable support throughout the guardianship process.


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Your first consultation is all about listening, understanding, and making this process feel simple.

Barrister Law Firm

901 North Lake Destiny Road, Suite 151, Maitland, FL 32751 USA

407-205-2906

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