Life can change in an instant. An adult child may be independent, unmarried, and established in a career when an accident or serious illness leaves them unable to care for themselves. A severe traumatic brain injury, for example, may make it necessary for someone else to make legal, medical, personal, and financial decisions on their behalf.
If you are the parent of an adult child who can no longer make or communicate important decisions, you may feel compelled to become their guardian. Before taking that step, it is important to understand how a Florida court determines incapacity, whether less restrictive alternatives are available, and what responsibilities guardianship involves.
What is Adult Guardianship in Florida?
A Florida adult guardianship is a court-supervised legal arrangement for a person who has been found unable to manage some or all aspects of their personal or financial affairs. If appointed, a guardian may receive authority to make decisions about the adult child’s care, living arrangements, medical treatment, property, or finances, depending on the powers granted by the court. A guardian must act in the incapacitated person’s best interests and comply with applicable ethical duties, Florida law, court orders, reporting requirements, and ongoing court oversight.
Consider Less Restrictive Alternatives
Florida courts generally use guardianship only when less restrictive alternatives are unavailable or insufficient. Before filing, determine whether your adult child already has valid planning documents or other supports that adequately address their needs, including:
- A durable power of attorney
- A designation of health care surrogate
- A valid trust
- Other decision-making assistance or protective arrangements
If an effective alternative exists, the court may decide that a guardianship is unnecessary.
Confirm That the Proposed Guardian is Qualified
A person seeking appointment as guardian must satisfy Florida’s eligibility requirements. In general, the proposed guardian should be prepared to show that they:
- Are at least 18 years old
- Are a Florida resident or qualify under the rules for a nonresident guardian
- Have no disqualifying felony conviction
- Can pass required criminal and credit background checks
- Will submit fingerprints through an authorized agency
- Will complete the required guardian education course
A nonresident may still qualify in certain circumstances, generally when the person is a close relative of the proposed incapacitated person or is married to a close relative. A parent will typically satisfy the close-relative requirement, but the court must still determine that the proposed guardian is suitable.
File the Required Court Documents
A guardianship matter is generally initiated in the appropriate Florida circuit court. Three principal documents are commonly involved:
- Petition to Determine Incapacity: asks the court to determine whether the adult child lacks the capacity to exercise specified rights and establishes the alleged need for guardianship.
- Petition for Appointment of Guardian: formally asks the court to appoint a guardian if incapacity is established.
- Application for Appointment as Guardian: provides information about the proposed guardian, including education, employment history, qualifications, and background.
The filing requirements and procedures can be detailed. A Florida guardianship attorney can help ensure that the petitions, application, notices, and supporting documents are properly prepared and filed.
The Examining Committee Evaluates the Adult Child
After the incapacity petition is filed, the court appoints a three-member examining committee to evaluate the adult child. The committee commonly includes:
- A physician, such as a psychiatrist
- A psychologist or another qualified professional
- A qualified layperson, such as a nurse or social worker
Each member conducts a separate evaluation and submits a written report to the court. The reports address the person’s abilities, limitations, and need for assistance. The court considers these recommendations when deciding whether the person is incapacitated and, if so, which rights should be delegated to a guardian. The court also appoints an attorney to represent the adult child during the incapacity proceeding.
The Court Determines the Appropriate Type of Guardianship
If the court finds that guardianship is necessary, it will determine the scope of authority required. Florida generally recognizes two primary types of adult guardianship:
Limited Guardianship
A limited guardianship may be appropriate when the adult child can perform some—but not all—tasks necessary to care for their person or property. The court removes and delegates only specified rights, allowing the person to retain the rights they can still exercise safely.
Plenary Guardianship
A plenary guardianship may be ordered when the court finds that the adult child is totally incapacitated and unable to exercise any delegable rights. The plenary guardian receives authority over all rights that the court may legally delegate.
Obtain Consents When Appropriate
It may be helpful to obtain written consents to your appointment from interested persons, such as the adult child’s other parent. Consent does not replace the court’s independent review, but it may clarify that key family members support the proposed appointment and reduce avoidable disputes.
What Happens After Appointment?
Appointment is the beginning of a guardian’s responsibilities. Depending on the type of guardianship and the authority granted, a guardian may need to:
- Make authorized personal, medical, residential, or financial decisions
- Protect the adult child’s rights, dignity, safety, and well-being
- Follow the court-approved guardianship plan
- Keep appropriate records and safeguard assets
- Submit required reports, plans, or accountings to the court
- Seek court approval before taking certain actions
Why Legal Guidance Matters
Establishing a Florida guardianship for an adult child can be emotionally difficult and legally complex. The process involves separate incapacity and appointment issues, medical and professional evaluations, strict filing requirements, and continuing court supervision. A knowledgeable Florida guardianship attorney can explain the available options, identify less restrictive alternatives, prepare the necessary filings, and guide the family through each stage of the case.
If you have any questions, or would like to further discuss this, or other Guardianship or Probate Administration matters please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7600, and visit my website at www.AnnMarieGildenLaw.com
This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.