Guardianship

When a person becomes incapacitated and unable to care for him or herself, and there has been no prior incapacitation planning, the probate courts become involved.  Judges oversee all aspects of the incapacitated person's life; including the individual's care and finances. This legal proceeding is known as a guardianship, and is applicable to both the elderly and to young people under the age of 18 in Florida.

Greenspoon Marder’s Guardianship Practice Group represents both individuals in need of an appointed guardian under Florida law and individuals contesting the appointment of a guardian.  Judicially supervised guardianships are subject to rigid statutory and procedural requirements, and our attorneys have the extensive administrative and litigation experience necessary to ensure the appointment of proper a guardian and also ensure that the guardian satisfies the state requirements.

While many guardianship proceedings are not vigorously contested, they can become adversarial when the subject of the proceeding challenges the allegations of incapacity or when the suitability of a guardian comes into question.

Specifically, the Guardianship Practice Group can assist in the following areas:

  • Contested Appointments of Guardians
  • Contested Determination of Capacity
  • Establishment of Annual Budgets
  • Guardianship Administration
  • Guardianship-Related Litigation
  • Petition for Appointment of Guardian
  • Petition to Determine Incapacity
  • Preparation of Annual Plans and Annual Accountings
  • Preparation of Initial Plan and Inventory

In addition because Greenspoon Marder is a full-service law firm, our guardianship attorneys may draw on the expertise of our other practice area groups, including but not limited to: Family & MatrimonialWills, Trusts & EstatesLitigation; and Mediation.