Do You Need a Guardianship in Florida? How Seminole County Courts Decide

When someone you love begins struggling to manage their personal, medical, or financial affairs, it can be overwhelming to know what to do next. In Florida, one legal option is guardianship. A court-supervised process that appoints someone to act on behalf of an individual who cannot safely make decisions on their own.

If you live in Altamonte Springs or elsewhere in Seminole County, understanding how guardianship works and how the courts decide these cases can help you make the right decisions for your family.

What Is Guardianship in Florida?

Guardianship is governed by Chapter 744 of the Florida Statutes, which outlines how the courts protect individuals who are deemed legally incapacitated.

A guardian may be appointed to make decisions related to:

• Medical care

• Finances and property

• Daily living needs

• Safety and well-being
  

Because guardianship removes some of a person’s civil rights, Florida law treats it as a last resort. Only after all less restrictive alternatives have been ruled out.

When Is Guardianship Necessary?

Guardianship may be necessary when a person:

• Has advanced dementia or Alzheimer’s,

• Suffers from a serious brain injury,

• Has a developmental disability,

• Is recovering from a medical crisis, or

• Is otherwise unable to make safe, informed decisions.

It is also required when:

• A minor receives a large inheritance or insurance settlement, or

• A minor has no living parent able to provide care.
  

In these cases, Florida courts step in to ensure the vulnerable individual, called the ward, receives consistent support and protection.

How Seminole County Courts Decide Guardianship Cases

Guardianship cases in Altamonte Springs, Longwood, Sanford, Lake Mary, Oviedo, and the surrounding areas are handled by the Probate & Guardianship Division of the Seminole County Circuit Court (Eighteenth Judicial Circuit).

Here’s how the process typically works:

1. Filing the Petitions

To begin a guardianship case, two documents must be filed:

• A Petition to Determine Incapacity, and

• A Petition for Appointment of Guardian.
  

These petitions explain why you believe the individual is unable to manage certain aspects of their life.

2. Appointing an Attorney for the Alleged Incapacitated Person

Florida law requires the court to appoint an attorney for the vulnerable individual to ensure their rights are protected throughout the process.

3. The Examining Committee Evaluation

One of the most important steps is the appointment of a three-person examining committee made up of medical and mental health professionals.

They will:

• Evaluate the person’s cognitive, physical, and functional abilities,

• Conduct interviews and assessments,

• Submit written reports to the court.

This evaluation is required under §744.331, Florida Statutes.

4. Court Hearing and Determination

Based on the committee’s reports and testimony provided at the hearing, the judge may determine that the individual is:

• Fully incapacitated → requiring plenary guardianship

• Partially incapacitated → requiring limited guardianship

• Not incapacitated → no guardianship needed
  

The court chooses the least restrictive option that still protects the person’s needs.

Who Can Serve as a Guardian in Seminole County?

Under §744.309, Florida Statutes, a guardian must:

• Be a Florida resident,

• Be at least 18 years old, and

• Have no felony convictions or disqualifying conflicts.
  

The court gives preference to:

• Close family members,

• A person designated in a pre-need guardianship declaration, or

• A qualified, court-approved professional guardian if no suitable family member is available.
  

Alternatives to Guardianship

Because guardianship restricts a person’s rights, Florida law requires the court to consider whether less restrictive alternatives exist, such as:

• Durable Power of Attorney

• Healthcare Surrogate Designation

• Living Will

• Trusts

• Supported decision-making

• Case management or community support services
  

If any of these options sufficiently meet the person’s needs, the court must deny the guardianship request.

Why Legal Guidance Matters

Guardianship cases can be emotional, complex, and time-sensitive. Having an experienced Florida guardianship attorney ensures:

• Proper preparation of petitions,

• Clear understanding of your responsibilities as guardian,

• Compliance with court and reporting requirements,

• Confidence that your loved one’s rights are protected.
  

At The Soto Law Office, we help families throughout Seminole County navigate the guardianship process with compassion and clarity.

Get Help Protecting Your Loved One

If you believe a loved one may need a guardianship—or you’d like to explore alternatives—we’re here to support you every step of the way.

Call The Soto Law Office at (321) 972-2279 

Visit www.TheSotoLawOffice.com

Your loved one’s safety and dignity matter. Let us guide you through the process with care and confidence.