Guardianship
When a loved one can no longer safely make decisions, manage finances, or protect themselves from harm, your family may need legal authority to step in. Acacia Elder Law & Estate Planning helps Florida families understand guardianship, evaluate less restrictive alternatives, and navigate the court process when guardianship is necessary.
Serving Palm Beach County, Broward County, Miami-Dade County, Martin County, St. Lucie County, and throughout the rest of Florida.
Helping Families Protect Vulnerable Loved Ones
Guardianship is one of the most serious legal steps a family can take. It may be necessary when an adult can no longer make safe decisions because of dementia, Alzheimer’s disease, stroke, cognitive decline, developmental disability, serious illness, or other incapacity. It may also be needed when a minor receives money that requires court supervision.
The goal is not simply to take control. The goal is to determine what protection is truly needed, whether a less restrictive option may be available, and how to preserve as much dignity and independence as possible while protecting the person at risk.
When Guardianship May Become Necessary
Guardianship may be appropriate when:
A loved one can no longer safely manage personal, medical, or financial decisions
There is no valid power of attorney, health care surrogate, trust, or other document that solves the problem
Existing documents are being misused, challenged, or rejected
Family members disagree about who should make decisions
A vulnerable adult is at risk of financial exploitation or neglect
A facility, hospital, bank, or agency requires court authority
A minor has received funds that require court-supervised management
How Acacia Elder Law & Estate Planning, PLLC Can Help
How our process works
Consultation and document review
We review the facts, risks, existing legal documents, family dynamics, and available alternatives.
Least restrictive alternative analysis
We consider whether a power of attorney, health care surrogate, trust, supported decision-making, representative payee, or other option may work.
Petition and court process
If guardianship is necessary, we explain the required filings and court process.
Appointment and administration
If a guardian is appointed, we help with ongoing compliance, plans, accountings, and petitions when appropriate.
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
What is guardianship in Florida? Guardianship is a court-supervised legal process used to protect a person who cannot safely make some or all decisions for themselves.
Is guardianship always necessary when someone has dementia? No. A diagnosis alone does not automatically require guardianship. Existing documents and less restrictive alternatives should be reviewed.
What is the difference between guardian of the person and guardian of the property? A guardian of the person handles personal and care-related decisions. A guardian of the property manages financial matters, assets, and property.
Can guardianship be limited? Yes. The court may remove only certain rights and delegate only certain authority depending on the person’s abilities and needs.