Adult Guardianship
When an aging parent, spouse, or vulnerable loved one can no longer safely make decisions, manage finances, or protect themselves from harm, your family may need legal authority to step in.
Serving Palm Beach County, Broward County, Miami-Dade County, Martin County, St. Lucie County, and throughout the rest of Florida.
Protecting Vulnerable Adults With Care
Adult guardianship may become necessary when a person can no longer safely manage personal, medical, residential, or financial decisions. This can happen because of dementia, Alzheimer’s disease, stroke, serious illness, cognitive decline, developmental disability, mental health concerns, or other incapacity.
Because guardianship can affect a person’s legal rights, it should be approached carefully and only after considering less restrictive alternatives.
Adult Guardianship May Be Needed When
Families often call when:
A parent has dementia and never signed a power of attorney
A loved one cannot manage bills, benefits, or property
A hospital, bank, or facility will not accept informal family authority
There are unsafe living conditions or refusal of necessary care
There is suspected financial exploitation
Existing documents are missing, invalid, insufficient, or being misused
Family members disagree about care, money, or placement
How Acacia Elder Law & Estate Planning, PLLC Can Help
Review existing documents and alternatives
Determine whether guardianship may be necessary
Prepare petitions when appropriate
Explain guardian of person vs. property authority
Assist proposed guardians with court requirements
Help with post-appointment administration
How our process works
Initial consultation
We review the person’s condition, documents, risks, and family situation.
Alternatives review
We look for powers of attorney, health care documents, trusts, representative payee options, or other alternatives.
Court filing if needed
We prepare the guardianship filings when guardianship appears necessary.
Hearing and appointment
We guide the family through the court process and next steps after appointment.
Helpful Information to Bring to a Consultation
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Durable power of attorney
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Health care surrogate designation
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Living will
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HIPAA authorization
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Trust documents
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Will or estate planning documents
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Medical records or diagnosis information
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Hospital, rehabilitation, assisted living, or nursing home records
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Bank statements or financial account information
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Names and contact information for close family members
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Evidence of exploitation, neglect, unsafe conditions, or unpaid bills
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Do not worry if you do not have every document. We can help identify what is missing based on your situation.
Serving Palm Beach County and the Treasure Coast
Acacia Elder Law & Estate Planning serves clients in Palm Beach Gardens, Jupiter, West Palm Beach, North Palm Beach, Lake Worth, Boynton Beach, Delray Beach, Boca Raton, Stuart, Port St. Lucie, and throughout Palm Beach County, Martin County, St. Lucie County, Broward County, Miami-Dade County, and the rest of Florida when appropriate.
Talk With Acacia Elder Law & Estate Planning
If you are unsure what your family needs, the best next step is a consultation. We can review the facts, identify available options, and help you decide what legal path makes sense.
Frequently Asked Questions
Does dementia automatically mean guardianship is required? No. The question is whether the person can still make the decisions at issue and whether existing documents provide adequate authority.
Can a power of attorney avoid guardianship? Often it can help, but guardianship may still be needed if the document is missing, insufficient, rejected, or being misused.
Who can serve as guardian? A qualified family member, professional guardian, or other appropriate person may be considered depending on the facts and court approval.
Is adult guardianship permanent? Not always. Rights may be restored if the person later regains capacity in whole or in part.