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How to File for Guardianship of a Person in Florida



There may come a time when an elderly loved one or family member is unable to make decisions for themselves, and when it does, it may be necessary to file for guardianship.


What are the Responsibilities of Guardianship?


When a person is appointed to serve as a guardian over another person, who will be known as a ward, it means that the guardian is given the authority to manage the ward’s daily affairs. This may include making legal, financial, and medical decisions that are in the best interests of the ward. Those in guardianship positions must also check in with the courts on a regular basis by filing an Annual Plan and if required, an Annual Accounting.

How to File for Guardianship


The first step in filing for guardianship is qualifying for the position. A person must either be 18 years or older and a Florida resident, or a non-resident of Florida who is one of the following:

● Related by direct descent;

● A legally adopted child or adoptive parent;

● A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone related by blood; or

● The spouse of a person otherwise qualified above; and

● Has never been convicted of a felony.

The person requesting guardianship can then file petitions with the court to establish the need for the appointment of a guardian. For example, a petition to determine incapacity establishes the need for guardianship, and the petition and application for appointment of guardianship are filed to request that the court appoint the person submitting the pleadings the guardian of the ward. Additional requirements to establish guardianship involve the appointment of an examining committee to review the petitions filed and to examine the ward. Also, the guardian will have to take educational courses and undergo background checks. To learn more, talk to our office today.

Call or Contact Us Today


Are you interested in establishing guardianship over a loved one in need of help? The Soto Law Office can assist with the filing of a guardianship petition in Florida. Call our office or contact us today to schedule a consultation of your case.