Guardianship Attorney | Hollywood, FL and Broward County
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 can no longer make decisions for themselves, someone needs to step in. That responsibility is one of the most serious a person can carry. We help you carry it correctly
Legacy Solutions Law Firm helps Florida families navigate the guardianship process with compassion, legal precision, and a commitment to protecting the people who matter most. We serve families statewide, from the Keys to Jacksonville, Tampa to Tallahassee
This is a boutique practice. Every client works directly with the attorney. Not a paralegal. Not a form. An attorney who knows your family by name.
Book a Solutions Meeting
A Solutions Meeting is a real conversation. No pressure, no obligation. We listen first, explain your obligations and options clearly, and tell you exactly what needs to happen next.
Just a real conversation about where you are and what your loved one needs
In a situation that needs immediate attention? Call us directly. (754) 292-0912
Supported Decision-Making Now Requires Court Consideration | Effective July 1, 2024
Florida courts must now consider supported decision-making agreements as a less restrictive alternative before appointing a guardian for an individual with a developmental disability. (Florida Statute 393.12, as amended by HB 73/SB 446, effective July 1, 2024.) Families planning for a child approaching age 18 should understand both options fully before petitioning the court. Supported decision-making preserves the individual's full legal rights while providing structured support.
Guardian Advocacy | Available for Individuals with Developmental Disabilities
Florida's guardian advocacy process under Chapter 393 provides a faster, less restrictive alternative to full guardianship for individuals with developmental disabilities as defined by Florida Statute 393.063. It does not require a finding of legal incapacity, making it less stigmatizing and less costly than full Chapter 744 guardianship. Families whose loved ones have autism, Down syndrome, cerebral palsy, or intellectual disabilities should evaluate whether guardian advocacy is more appropriate before filing.
Florida Community Cares Program | Statewide Expansion October 2025
Florida HB 1103 (signed June 2025) expanded the Florida Community Cares ICMC program statewide as of October 2025. More than 21,000 individuals were on the APD iBudget preenrollment list when the bill passed, and the program now offers an alternative path to services for eligible individuals with developmental disabilities. Guardians and guardian advocates of individuals considering enrollment must understand a critical consequence: enrolling in Florida Community Cares removes the individual from the iBudget preenrollment list entirely. That decision cannot be undone. Call us before making any enrollment decision on behalf of a ward. (Source: Florida Legislature, HB 1103 Bill Analysis, 2025.)
The Age-18 Planning Window | Start 12 to 18 Months in Advance
Florida law treats every individual as a legal adult on their 18th birthday, regardless of disability. Parents lose automatic legal authority to make medical and financial decisions at that moment. The guardianship process takes time. Filing six months before the birthday is already cutting it close. Begin the planning conversation at least 12 to 18 months in advance so you can evaluate all options without the pressure of a looming deadline.
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Florida Families Who Need Guardianship Guidance
Some families call us before a problem has started. Others call when something has already happened and they need authority immediately. We work with both.
Our clients include parents planning for a child with a disability approaching age 18, adult children managing the affairs of an elderly parent with dementia or Alzheimer's disease, spouses dealing with a partner's sudden incapacity, and families navigating the court system for the first time.
This is for you if:
Your child with a disability is approaching age 18 and you need to address legal authority.
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A parent, spouse, or family member can no longer manage their financial or personal affairs.
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A loved one has been diagnosed with dementia, Alzheimer's, or another progressive condition.
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Someone you love has suffered a sudden incapacity from a stroke, accident, or medical event.
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You are concerned a vulnerable adult is being financially exploited or abused.
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You need emergency legal authority to act on behalf of someone who cannot consent.
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You want to understand whether guardianship or a less restrictive alternative is right.
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You are already a guardian and need guidance on your annual reporting obligations.
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You want to challenge or modify an existing guardianship order.
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Guardianship and Less Restrictive Alternatives in Florida
Florida law requires courts to consider the least restrictive option before granting full guardianship. Understanding all available options is essential before you file.
Option | Legal Authority Granted | Requires Incapacity Finding? | Court Involvement? | Best For |
|---|---|---|---|---|
Durable Power of Attorney | Financial and legal authority as specified | No | No (voluntary) | Individuals with capacity; must be executed before incapacity |
Healthcare Surrogate | Medical decisions only when principal is incapacitated | No | No (voluntary) | Individuals with capacity planning ahead |
Supported Decision-Making | No legal authority; supporter helps individual decide | No | No | Individuals who can decide with structured support |
Guardian Advocacy (Ch. 393) | Personal and/or financial authority as specified by court | No | Yes | Individuals with developmental disabilities |
Limited Guardianship | Authority over specific decisions only; individual retains other rights | Yes | Yes | Individuals with partial capacity |
Plenary Guardianship | Full authority over all personal and financial decisions | Yes | Yes | Individuals who cannot manage any affairs independently |
01. Plenary Guardianship (Chapter 744)
Full guardianship over all personal and financial decisions. Requires a petition, an examining committee evaluation by three professionals, an incapacity hearing, and court approval. The guardian must complete a court-approved training program within four months of appointment and file annual guardianship plans and accountings. This is the most comprehensive and the most restrictive option. We evaluate whether plenary guardianship is truly necessary before recommending this path.
02. Limited Guardianship
The court grants authority over specific areas only, for example financial management, while the individual retains rights in other areas. Requires the same petition and hearing process as plenary guardianship but results in a more tailored order. Often appropriate for individuals who can manage their daily personal decisions but cannot safely handle finances.
03. Guardian Advocacy (Florida Chapter 393)
Available exclusively for individuals with developmental disabilities as defined by Florida Statute 393.063. Does not require a finding of legal incapacity. The process is faster, less expensive, and less stigmatizing than full Chapter 744 guardianship. The guardian advocate has authority over personal and financial decisions as specified by the court and is subject to annual reporting. For families of individuals with autism, Down syndrome, cerebral palsy, or intellectual disabilities, this is almost always the better starting point.
04. Supported Decision-Making Agreements
A formal written agreement under which an individual with a disability retains their full legal rights but designates trusted supporters to help them understand information and make decisions. Florida courts must now consider this option before appointing a guardian for individuals with developmental disabilities. (Chapter 393.12, effective July 1, 2024.) This is the least restrictive and most dignity-preserving option for individuals who can meaningfully participate in their own decisions.
05. Emergency Temporary Guardianship
When there is an immediate threat to a person's health, safety, or financial welfare, Florida courts can appoint an emergency temporary guardian under Chapter 744. This provides immediate legal authority while the full guardianship process is completed. We expedite filings and appear at emergency hearings when time is critical.
Real Situations Florida Families Have Faced
Each of these situations illustrates why timing and the right legal structure matter.
Scenario 1: The Parents Who Waited Until After Their Child Turned 18
Kevin and Marlene had a 17-year-old son with autism who received SSI and was enrolled in the iBudget waiver program. They had always intended to address guardianship but kept putting it off. On the day their son turned 18, Florida law treated him as a legal adult. Marlene went to his doctor's appointment and was told the practice could no longer share his medical information with her. Kevin called the SSA to update their son's file and was told they needed documentation of legal authority. There was none.
The family had to begin the guardianship petition under time pressure, navigating a court process they were completely unfamiliar with. If they had started 12 months earlier, they could have evaluated all options calmly, chosen the right structure, and had legal authority in place before the 18th birthday. One conversation with the right attorney would have changed everything.
Names changed for privacy. Reflects a situation we see regularly in Broward County.
Florida Statute 744
Governs the full guardianship process in Florida, including who may serve as guardian, the examining committee process, the incapacity hearing, appointment, annual reporting obligations, and the process for modifying or terminating guardianship.
Florida Statute 744.3215
Even under guardianship, the ward retains certain fundamental rights that cannot be removed by the court, including the right to be treated with dignity, to have their preferences considered, to communicate with others, and to petition the court for review.
Florida Statute 393
Governs services and legal protections for individuals with developmental disabilities in Florida, including the guardian advocacy process, eligibility standards, and APD service coordination.
Florida Statute 393.12 | HB 73/SB 446, effective July 1, 2024
Florida courts must now consider supported decision-making agreements as a less restrictive alternative before appointing a guardian for individuals with developmental disabilities.
Florida Statute 393.12(1)
Provides the guardian advocacy process for individuals with developmental disabilities as an alternative to full Chapter 744 guardianship. Guardian advocates must meet specific qualifications and file annual reports.
Florida Statute 709
A durable power of attorney executed under Chapter 709 allows a trusted person to manage financial and legal affairs without court involvement. Must be executed while the individual has legal capacity. Cannot be created after incapacity has occurred.
Florida Statute 765
Governs advance healthcare directives in Florida. A healthcare surrogate designation gives a named person legal authority to make medical decisions when the principal is unable to do so. Must be executed before incapacity.
Why Florida Families Choose Legacy Solutions Law Firm for Guardianship
The right attorney determines whether a family ends up in the right process to begin with. A family that files Chapter 744 when Chapter 393 was available just paid more, waited longer, and put their loved one through a court determination that was not necessary. That happens more often than it should.
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Florida guardianship expertise: Full Chapter 744 guardianship, Chapter 393 guardian advocacy, supported decision-making, and emergency temporary guardianship. We know which process is right for your loved one before we file anything.
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Full-picture planning: We evaluate guardianship alongside special needs trusts, benefit preservation, and long-term care planning. Guardianship is rarely the only piece a family needs.
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Age-18 transition: We work with families of children with disabilities every day. We understand the iBudget program, Florida Community Cares, SSI, Medicaid eligibility, and how guardianship intersects with all of them.
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Plain-language guidance: Real guidance for real families. We explain every step, every option, and every timeline so you can make confident decisions.
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Direct attorney access: In a boutique practice, you are never handed off. Randy works with every client personally from first meeting through completion.
Meet Our Atterny
Randy Narkir
Founder and Managing Partner
Randy Narkir has practiced Florida estate planning, guardianship, and special needs law for over 12 years. He is based in Hollywood, Florida and serves families across Broward County and statewide. He speaks regularly at local and state conferences on guardianship and special needs trust planning and serves on Florida Bar Elder Law Section committees. Every client works directly with Randy. When you call (754) 292-0912, you reach a team that knows your file.
Florida Bar No. 109196 | Licensed in Florida | Hollywood, FL | Boutique practice | Direct attorney access on every matter.
Community Connections
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President, Aventura Isles
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Board Member, Jewish Community Services
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ProVisors, Hollywood 1 Group Leader
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BNI, Former President BNI Revival
Start With a Solutions Meeting
You do not need to have everything figured out before you call. If someone you love needs protection and you are not sure where to start, we will walk you through every option clearly and at your pace.
A Solutions Meeting is not a sales call. You talk, we listen. We explain what we see and what we think makes sense for your specific situation. We tell you every option on the table and what each one costs and takes. And if we are not the right firm for your family, we will tell you that, too.
Book Your Discovery Call
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.
Guardianship FAQs
Serving Guardianship Clients Across Florida
Legacy Solutions Law Firm handles Florida guardianship and guardian advocacy matters throughout the state. Our Hollywood, FL office is our home base, but we file in circuit courts across all 67 Florida counties.
Hollywood, FL (Our Home Base)
4000 Hollywood Boulevard, Suite 485-S, Hollywood, FL 33021. We file guardianship petitions with the Broward County Circuit Court and serve Hollywood families with full-service guardianship representation.
Broward County
Serving Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Davie, and Plantation families.
Miami-Dade County
Handling guardianship petitions for families in Miami, Coral Gables, Bal Harbour, Surfside, Homestead, and throughout Miami-Dade County.
Palm Beach County
Serving West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, and Jupiter families.
Orlando / Orange County
Handling guardianship and guardian advocacy for Central Florida families in Orlando, Winter Park, Kissimmee, and Sanford.
Tampa Bay Area
Representing families in Tampa, St. Petersburg, Clearwater, Brandon, and Sarasota.
Jacksonville / Northeast Florida
Serving Jacksonville, St. Augustine, and Northeast Florida families in the Fourth Judicial Circuit.
Southwest Florida
Helping families in Naples, Fort Myers, Cape Coral, and Bonita Springs navigate the Florida guardianship process.
All 67 Florida Counties
We handle guardianship and guardian advocacy statewide. Wherever you are in Florida, we are available.
Resources to Guide Your Journey
We believe that informed families make the best decisions. That’s why we provide easy access to our comprehensive library
A: 4000 Hollywood Boulevard
Suite 485-S
Hollywood, FL 33021