If you need to establish a guardianship for a family member, choosing the right attorney is an important first step. This guide explains where to search, what qualifications to look for, and what to discuss during an initial consultation.
Start with Trusted Recommendations
Ask friends, neighbors, co-workers, and other trusted professionals whether they have worked with a guardianship attorney. Focus on referrals from people who were satisfied with both the outcome and the legal services they received.
You can also research attorneys online using resources such as Google, Avvo, Lawyers.com, and state or local bar association directories. Treat reviews as one factor—not the only factor—in your decision.
Look for a Focus on Guardianship Law
Choose an attorney whose practice includes a substantial focus on guardianship matters. Guardianship proceedings involve specialized laws, court procedures, evidence, and ongoing responsibilities. An attorney who regularly handles these cases is more likely to know what questions to ask, how to present the matter to the court, and how to help you pursue your goals. Just as you would not see a foot doctor for a broken arm, you should not rely on an attorney who is only beginning to learn guardianship law when so much may depend on the case.
Evaluate the Attorney’s Experience
Ask how many years the attorney has practiced guardianship law and how frequently they handle guardianship cases. Relevant experience may include both uncontested and contested proceedings, emergency matters, incapacity hearings, and the administration of an established guardianship. Questions to ask include:
- How much of your practice is devoted to guardianship matters?
- How often do you appear in guardianship court?
- Have you handled cases similar to mine?
- What challenges do you anticipate in my situation?
Review Professional Involvement
Determine whether the attorney is an active member of relevant Florida Bar or local bar association committees. Committee service can help attorneys stay informed about new laws, court procedures, and developments that may affect guardianship clients. Relevant professional organizations may include:
- The Florida Bar
- The Academy of Florida Elder Law Attorneys
- The National Academy of Elder Law Attorneys
- The Orange County Bar Association Estate, Guardianship and Trust Committee
Membership alone does not guarantee skill, but active participation may demonstrate a sustained interest in guardianship and elder law.
Ask About Continuing Legal Education
Guardianship laws and procedures can change. Ask whether the attorney attends guardianship-focused bar association seminars, continuing legal education programs, or other professional training. Ongoing education is one sign that an attorney works to remain current in this area of law.
Schedule an Initial Consultation
After narrowing your choices, schedule a consultation. Use the meeting to evaluate the attorney’s experience, communication style, proposed strategy, and ability to explain the process clearly. Be prepared to discuss:
- Why you believe a guardianship may be necessary
- The family member’s medical, financial, and living circumstances
- Any available estate-planning or advance-directive documents
- Your goals and concerns
- Expected fees, costs, timing, and next steps
- Whether less restrictive alternatives to guardianship may be appropriate
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) 732-7620 to set up an initial consultation. You may also visit my website at https://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.