Guardianship
When they can’t protect themselves,
your strength and our guidance make sure they’re safe
When they can’t decide for themselves, your love and support ensure they’re protected and prioritized.
When a loved one is unable to make decisions for themselves, whether due to age, disability, or incapacity, guardianship provides the legal protection they need.
It’s more than just a legal process; it’s a promise that they will be cared for, their wishes respected, and their well-being prioritized.
At Legacy Solutions Law Firm, we guide families through the guardianship process with compassion, expertise, and an unwavering commitment to protecting what matters most. We understand the emotional weight of these decisions, and we’re here to make the legal process clear, seamless, and focused on your loved one’s best interests.
Why Guardianship Matters
Without proper legal guardianship, decisions about your loved one’s health, finances, and daily care could be left to the state or worse, to someone who doesn’t understand their needs.
Establishing legal guardianship ensures that the person you trust has the authority to make critical decisions in their best interest.
Imagine your loved one being placed under state-appointed care, or their financial assets being mishandled because no legal structure was in place. We prevent that from happening with legally sound, compassionate planning.
Trusted Guardianship Solutions for Lifelong Protection
We provide complete guardianship services designed to protect the rights, well-being, and financial stability of those who need it most. Our tailored solutions ensure your loved one is cared for, their assets are protected, and their best interests are always prioritized.
01
Guardianship for Intellectual Disabilities
Empower your loved ones with legal safeguards that protect their rights, ensure proper care, and manage financial responsibilities. We handle all legal documentation, court filings, and ongoing compliance, ensuring that their needs are met with dignity and respect.
02
Guardianship for Ongoing Care and Support
Secure the health, well-being, and financial stability of family members who require additional support. We establish guardianship arrangements that protect their care, finances, and daily living needs, minimizing risks and ensuring quality support.
03
Guardianship for Minor's Property
Manage and protect financial assets or property inherited by minors until they are of legal age. We structure guardianship plans that legally safeguard a minor’s assets, ensuring proper management and growth until they reach adulthood.
04
Emergency Guardianship
Act swiftly in unexpected situations with temporary legal authority to safeguard health and property during critical moments. We expedite the legal process to secure temporary guardianship, providing immediate protection when your loved one needs it most.
05
Voluntary Guardianship
Provide legal structure for individuals who wish to voluntarily assign guardianship over their property and financial matters. We assist with the legal framework, documentation, and court procedures to ensure voluntary guardianship is properly established and legally binding.
Guardianship in Florida is a legal process where a court grants one person the authority to make certain decisions for another adult who cannot manage those decisions independently. It is typically pursued when a person with disabilities, whether from birth or injury, lacks the ability to handle their own personal care, finances, or medical choices even with assistance. The court determines the type and scope of guardianship based on medical evidence and the specific needs of the individual. Guardianship is considered a significant step and Florida courts generally prefer less-restrictive alternatives when they are available and appropriate.
A guardian advocate is a court-appointed role available in Florida specifically for adults with developmental disabilities who need help with some but not all decisions, without a full finding of incapacity. Unlike full guardianship, guardian advocacy under Florida law does not require proving that the person is entirely incapacitated, only that they need assistance in specific areas such as medical care or educational decisions. The court tailors the guardian advocate's authority to the individual's actual needs, preserving as many of the person's rights as possible. This option is often the most appropriate choice for young adults with autism, intellectual disabilities, or Down syndrome in Broward County.
To establish guardianship of an adult child with a developmental disability in Broward County, you must file a petition with the local circuit court and follow the procedures set out in Florida's guardianship statutes. The court will require medical evaluations, may appoint an attorney to represent your child, and will schedule a hearing to review the evidence. A judge then determines whether guardianship is appropriate and, if so, what scope of authority the guardian will have. Families in Hollywood, Fort Lauderdale, and the surrounding areas are strongly advised to work with a Florida guardianship attorney due to the technical requirements of the process.
No, parents do not automatically have guardianship over their child simply because the child has a disability. Florida law presumes all adults have full legal capacity once they turn 18, and a court must make a formal determination before any guardianship authority is granted. Even if a child has significant intellectual or developmental disabilities, parents who wait until after the 18th birthday to begin the process may find themselves temporarily unable to make medical or legal decisions on their child's behalf. Families in Broward County are encouraged to begin planning well before their child's 18th birthday to avoid this gap.
Guardianship gives a person legal authority to make personal, medical, or financial decisions on behalf of someone else, while a special needs trust is a private legal document that controls how money and assets are managed for a person with disabilities. A special needs trust does not remove any legal rights from the beneficiary and does not require court involvement to operate once it is created. In contrast, guardianship is established by a court and can restrict certain civil rights of the person under guardianship. Many families in Broward County use both tools together: guardianship to handle personal decision-making, and a trust to protect assets and preserve eligibility for SSI and Medicaid.
A power of attorney can sometimes eliminate the need for guardianship if the person with a disability had the legal capacity to sign the document at the time it was created. In Florida, a valid durable power of attorney allows a trusted person to manage financial and legal matters on behalf of someone who later becomes unable to act independently. However, if the individual never had capacity to sign legal documents, or if decisions about medical care need to be made and there is no health care surrogate designation, a court guardianship may still be required. Families in South Florida should discuss this issue with an attorney early so the right documents are prepared before capacity becomes an issue.
Guardianship in Florida is not necessarily permanent and can be modified or terminated by the court if circumstances change. If a person gains new abilities, receives effective treatment, or if a less-restrictive arrangement becomes sufficient, anyone with an interest in the case can ask the court to review the existing order. The court will evaluate updated medical evidence and determine whether changes to the guardianship are appropriate. Families and advocates in Broward County are encouraged to revisit guardianship orders periodically to make sure they continue to reflect the person's actual needs.
The time needed to establish guardianship in Broward County typically ranges from several weeks to several months, depending on the complexity of the case and the court's schedule. The process involves medical evaluations, court filings, mandatory notices, and a formal hearing before a judge. Uncontested cases with well-prepared documentation tend to move faster, while any disputes or incomplete records can cause significant delays. Families who begin planning early, particularly before a child with disabilities turns 18 give themselves the most time to complete the process without disruption.
Yes, consulting a guardianship attorney in Hollywood or Fort Lauderdale before filing any paperwork is strongly recommended. Florida's guardianship statutes are detailed, and the Broward County circuit court expects all filings to meet specific procedural and evidentiary standards. An attorney can evaluate whether full guardianship, guardian advocacy, or a less-restrictive alternative is most appropriate for your family's situation. Early legal guidance also helps families understand how guardianship interacts with a special needs trust, SSI, Medicaid, and other parts of a disability planning strategy.
Supported decision-making is a rights-preserving arrangement where an adult with a disability chooses trusted people, such as family members, friends, or advocates, to help them understand options and communicate their own decisions. The key distinction from guardianship is that the supporter helps the person make decisions rather than making decisions for them. Florida formally recognized supported decision-making agreements under state statute as of 2024, giving families a legal framework to document these arrangements. Under a supported decision-making agreement, the supporter can receive information on the person's behalf, help explain medical or financial situations, and assist with communication, but the individual with a disability remains the decision-maker. For young adults with mild to moderate disabilities who can understand information when it is presented clearly, a supported decision-making agreement paired with a durable power of attorney and health care surrogate may fully address the family's needs without any court involvement. For those who need more formal legal protection because others will not recognize informal arrangements, guardian advocacy remains the next step up. Florida courts are increasingly receptive to supported decision-making as a first resort before guardianship is pursued.
Florida law takes the position that guardianship should be the least restrictive option necessary for each individual. The court does not automatically remove all rights when establishing guardianship. Instead, the judge identifies specifically which rights the person is unable to exercise safely and transfers only those rights to the guardian, leaving all other rights intact. Rights that may be transferred to a guardian or guardian advocate include the right to make medical treatment decisions, to determine where to live, to manage finances, to consent to educational services, and in some cases to enter into contracts. Rights that courts are careful to preserve whenever possible include the right to vote, to marry, to make lifestyle choices, and to have a say in major life decisions. The court is required to hear the person's wishes and include them in the decision-making process regardless of what guardianship authority is granted. Florida law also places an ongoing duty on guardians to restore rights to the person if their abilities improve over time. A person in a limited guardianship retains all rights that are not specifically taken away in the court order Disability Rights Florida. For families pursuing guardian advocacy for a child with a developmental disability, the goal is always to preserve as many rights as possible while providing the specific legal authority the family needs to act on their child's behalf.
A preneed guardian designation is a written document in which an adult who currently has legal capacity formally names the person they would want to serve as their guardian if they ever need one in the future. For adults with developmental disabilities who have sufficient capacity to understand and sign legal documents, a preneed designation gives them a meaningful way to direct who will have authority over their lives before any guardianship proceeding is ever opened. The document must be signed in the presence of two witnesses and may be filed with the circuit court for safekeeping. If a guardianship petition is later filed, the court is expected to honor the preneed designation so long as that person is qualified to serve. This is particularly meaningful for young adults with disabilities who want to formalize their preference for a parent, sibling, or trusted advocate to serve in that role. Not every person with a disability will have the capacity to execute a preneed designation, but for those who can, it is a powerful self-determination tool that an experienced Florida guardianship attorney can help prepare as part of a broader transition-to-adulthood plan.
The relationship between guardianship and government benefits is one of the most practically important issues for families who have a child receiving SSI or Medicaid, and it requires careful coordination. A guardian or guardian advocate can be designated as the representative payee for SSI income, which means they receive and manage those monthly payments on the beneficiary's behalf. This is a separate designation made through the Social Security Administration and does not happen automatically with a court guardianship order; the guardian must apply for it independently. When a special needs trust is also in place, the guardianship arrangement directly affects who communicates with the trustee, who can request distributions, and how distributions are documented to avoid any negative impact on benefits. A guardian of the property may handle financial requests to the trustee, while in a guardian advocacy arrangement, those communications may be more collaborative with the beneficiary directly involved. Getting the roles and responsibilities clearly defined between the guardian, the trustee, and the SSA representative payee role prevents duplication, confusion, and benefit disruptions. For Broward County families who have both a guardian advocate arrangement and a special needs trust, working with an attorney experienced in both areas ensures all three systems work together rather than creating competing authority over your child's finances.
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