Guardianship Attorney in Florida
When the People You Love Can No Longer Protect Themselves
When Your Child Turns 18, You Legally Lose the Right to Make Decisions for Them. Even If They Can't Make Those Decisions for Themselves
The moment your differently abled child turns 18, Florida law treats them as a legal adult. That means you can no longer speak to their doctors without their consent, make financial decisions on their behalf, or step in on legal matters affecting their life—regardless of their level of functioning, regardless of how long you’ve been their caregiver, and regardless of how clear it is that they still need your protection. Without a legal guardianship in place, the law creates a gap between the care your loved one needs and your ability to provide it.
The same is true for a parent or spouse in the early stages of dementia. The window to establish guardianship is narrower than most families realize—and the earlier you start, the smoother the process tends to be for everyone involved.
We Understand How Much Is at Stake for Your Family
This isn’t just a legal process. It’s a deeply personal one—and we treat it that way. From our office on Douglas Road, we’ve worked with families throughout Coral Gables, Pinecrest, Coconut Grove, and South Miami who are navigating the same thing you are: loving someone who needs more protection than the law automatically provides, and trying to figure out how to get it for them.
We know what Miami-Dade’s Eleventh Judicial Circuit requires for guardianship proceedings, we know how to move the process forward without unnecessary delays, and we know how to make something that can feel overwhelming feel manageable. You don’t have to figure this out alone.
What Life Looks Like With Guardianship in Place
You have the legal authority to do what you’ve always done—advocate for your loved one, make decisions in their best interest, and protect them from situations they can’t navigate on their own. Their doctors can speak with you. Their finances can be managed properly. Their legal affairs are in the hands of someone who knows them, loves them, and will always put them first—not left to a system that doesn’t.
For parents of adults with autism, it means the transition to adulthood doesn’t strip away the protection your child still needs. For families navigating a loved one’s dementia, it means someone with legal authority is in place before a crisis forces the issue.
What Florida's Guardianship Process Actually Involves
Guardianship in Florida is governed by Chapter 744 of the Florida Statutes and is court-supervised from start to finish. Here’s what the process looks like:
Filing the Petition
We file a petition with Miami-Dade's probate court under § 744.3201 establishing that guardianship is necessary and identifying you as the proposed guardian. This formally opens the process and gets things moving.
The Incapacity Evaluation
Under § 744.331, the court appoints an examining committee—typically including a physician and other qualified professionals—to evaluate your loved one and report their findings to the judge. We help you prepare for this step so it's as smooth and comfortable as possible for your family.
The Hearing
A judge reviews the evaluation, hears the case, and makes a formal determination of incapacity. If approved, the court appoints the guardian and defines the scope of their authority under § 744.3215. We're with you through every stage of this.
Ongoing Responsibilities
Florida guardianship comes with annual reporting requirements under § 744.367. As guardian, you'll file reports with the court on your loved one's wellbeing and finances. We make sure you understand these obligations from the start and help you stay on top of them throughout.
Two Types of Guardianship Worth Understanding
Plenary Guardianship Full guardianship over both the person and their property under § 744.102. This is most common for adults with severe or non-verbal autism who cannot manage any aspect of their own affairs, and for loved ones in advanced stages of dementia.
Limited Guardianship When someone retains the ability to make some decisions independently, limited guardianship under § 744.3215 grants authority only over specific areas—medical decisions, finances, or legal matters—while preserving their autonomy everywhere else. For adults with higher-functioning autism, this is often the more appropriate and dignified path. We take the time to understand your loved one’s specific situation before recommending one over the other.
Questions Families in Coral Gables Ask Us
My child turns 18 in a few months. Is that enough time?
It can be, but the sooner we start the better. The evaluation, filing, and hearing all take time, and Miami-Dade’s Eleventh Judicial Circuit on 73rd Street doesn’t adjust its schedule for personal deadlines. Call us as soon as you can—we’ll tell you exactly where things stand and what we need to do to get this done in time.
My loved one with dementia still has good days. Do we need guardianship now?
We hear this question often, and it comes from a place of love—no one wants to feel like they’re taking something away from someone they care about. But the time to establish guardianship is while your loved one still has enough capacity for the process to move smoothly. Waiting until the decline is more severe can make things harder on everyone, and it can leave a gap where no one has legal authority to step in when it matters most. We’ll evaluate your situation carefully and give you an honest, compassionate answer about timing.
Can I be the guardian if I live outside of Florida?
Florida generally prefers guardians who live in-state, but under § 744.309 out-of-state family members can be appointed under certain circumstances. We’ll walk you through what the court considers and what your options look like given your specific situation.
What if other family members disagree about who should be guardian?
Family disagreements during guardianship proceedings are more common than most people expect, and they can be emotionally and legally complicated. If there’s potential for conflict in your family, that’s something we’d want to talk through before anything is filed—so we can approach it thoughtfully rather than reactively.
Schedule your consultation with Family Life Law Today
If you’re dealing with an estate planning, probate, or family law matter and want to understand your options, contact us today to schedule a consultation.