Florida Guardianship and Conservatorship
When an adult can no longer manage their own care or finances, a Florida court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.
Based on Chapter 744, Florida Statutes
What guardianship and conservatorship mean here
Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Florida guardianship is governed by Chapter 744, Florida Statutes.
Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.
Types of guardianship and conservatorship
Natural Guardianship
Parents are natural guardians of their minor children and may act without court appointment for most purposes.
F.S. 744.301
Limited Guardianship
Guardian has authority only over specific areas defined by the court. The incapacitated person retains all rights not expressly removed. Used when the person can still make some decisions independently.
F.S. 744.344
Plenary (Full) Guardianship
Guardian has authority over all decisions for the incapacitated person. All legal rights are delegated to the guardian. Used only as a last resort when no less restrictive alternative is appropriate.
F.S. 744.344
Emergency Temporary Guardianship
Appointed when there is imminent danger to the person's health, safety, or property. Requires a petition for determination of incapacity to have been filed.
F.S. 744.3031
Standby Guardianship
A guardian who is designated to assume the duties of guardianship on the death or incapacity of the currently serving guardian.
F.S. 744.304
Guardian Advocate
Appointed for persons with developmental disabilities who lack capacity to make some decisions but do not meet the standard for full incapacity. Does not require an adjudication of incapacity.
F.S. 744.3085
Veterans' Guardianship
Special guardianship provisions for veterans receiving VA benefits, governed by Part VIII of Chapter 744.
F.S. 744.602-744.653
The Florida guardianship court process
File Petition to Determine Incapacity
Any adult may file a petition alleging a person is incapacitated and in need of a guardian. The petition is filed with the circuit court (F.S. 744.3201).
Appointment of Examining Committee
The court appoints a three-member examining committee typically consisting of a physician, a psychiatrist or psychologist, and a third professional (social worker, nurse, or gerontologist). The committee evaluates the alleged incapacitated person (F.S. 744.331).
Examining Committee Reports
The committee reports to the court on the person's mental and physical condition, which specific rights the person can still exercise, and whether less restrictive alternatives exist.
Adjudicatory Hearing
The court holds a hearing to determine incapacity based on clear and convincing evidence. The alleged incapacitated person has the right to counsel, to be present, and to present evidence.
Appointment of Guardian
If incapacity is found, the court appoints a guardian using the least restrictive form possible. The court specifies which rights are removed and which are retained (F.S. 744.344).
Guardian Files Initial Plan
The guardian must file an initial guardianship plan within 60 days of appointment, detailing the ward's care, residence, and management plan.
How long it takes
Emergency temporary guardian: days to weeks. Standard guardianship petition: 2 to 6 months from filing to appointment. Annual reporting is ongoing for the life of the guardianship.
Alternatives to consider before guardianship
Durable Power of Attorney
Allows a competent adult to name an agent for financial and legal decisions. Must be established while the person has capacity. Avoids guardianship entirely for financial matters.
Chapter 709, F.S.
Healthcare Surrogate Designation
Allows a competent adult to name a surrogate for medical decisions. Must be established while the person has capacity.
Chapter 765, Part II, F.S.
Supported Decision-Making
Enacted by HB 73 (Ch. 2024-242), effective July 1, 2024. Allows an adult to keep all legal rights while receiving help from chosen supporters who assist with understanding information, communicating decisions, and accessing services. The person makes their own decisions with support rather than having decisions made for them.
Ch. 2024-242 (HB 73, effective July 1, 2024)
Revocable Living Trust
Assets placed in trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated.
Chapter 736, F.S.
Representative Payee
Appointed by the Social Security Administration to manage Social Security benefits only. Limited in scope to federal benefits.
42 U.S.C. § 405(j)
Guardian Advocate
For persons with developmental disabilities who lack capacity for some decisions but do not require full incapacity adjudication.
F.S. 744.3085
Emergency guardianship and planning ahead
Emergency guardianship: It lasts 90 days from date of appointment. May be extended for an additional 90 days upon showing that emergency conditions still exist.
Naming a guardian in advance: A competent adult may file a written declaration naming a preneed guardian to serve if the declarant is later determined incapacitated. The court gives a rebuttable presumption that the named preneed guardian is entitled to serve.
Frequently asked questions
What is guardianship in Florida?
What are the alternatives to guardianship in Florida?
How long does the Florida guardianship process take?
Do I need a lawyer to file for guardianship in Florida?
Not sure guardianship is the right step?
Guardianship is a court process that removes a person's legal rights, so Florida courts expect families to rule out less-restrictive options first. Review the alternatives on this page, and consider speaking with an elder-law attorney about your situation.
Information current as of March 2, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.