Florida Guardianship Laws: Minors, Adults and Alternatives (2026)

In Florida, guardianship is a court proceeding under Chapter 744 of the Florida Statutes, the "Florida Guardianship Law" (Fla. Stat. § 744.101), in which a judge appoints a guardian of the person, a guardian of the property, or both. The property-side role, called a conservator in some states, is the guardian of the property in Florida (§ 744.351(1)). For an adult, the court must first find the person incapacitated, and "the partial or total incapacity of the person must be established by clear and convincing evidence" (§ 744.331(5)(c)). A guardian may not be appointed "if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person" (§ 744.331(6)(b)).

Chapter 744 covers both minors and adults. A guardian for a child may be appointed without the incapacity adjudication that an adult case requires (§ 744.3021(1)), and the person under guardianship is called the "ward." Florida also has a separate role, the guardian advocate, for a person with developmental disabilities, appointed without an adjudication of incapacity (Fla. Stat. § 393.12(2)(a)). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Florida state law on guardianship of minors and adults under Chapter 744, the guardian of the property, guardian advocates under § 393.12, extended-family custody under Chapter 751, medical consent for a minor under § 743.0645, and the statutory alternatives to guardianship. It does not cover custody disputes between parents (see Florida child custody laws), grandparent visitation (see Florida grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Florida probate), dependency and foster-care cases under Chapter 39, which are a separate track, or civil commitment and mental-health holds.

Florida guardianship terms and where the law lives

Chapter 744 holds nearly all of Florida's guardianship law: definitions, guardians of minors, adjudication of incapacity, the guardian's powers and duties, reports and accountings, emergency temporary guardians, and restoration. The statute builds the adult case on one definition:

(12) "Incapacitated person" means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.

Fla. Stat. § 744.102(12)

The same subsection defines to "meet essential requirements for health or safety" as taking "those actions necessary to provide the health care, food, shelter, clothing, personal hygiene, or other care without which serious and imminent physical injury or illness is more likely than not to occur" (§ 744.102(12)(b)).

How to get guardianship of a child in Florida

Who may petition. "Upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331" (§ 744.3021(1)). This applies except as § 744.3021(4) provides for older minors in Chapter 39 cases. Upon petition, the court "may appoint a guardian for a minor without appointing an examining committee or conducting an adjudicatory hearing pursuant to s. 744.331" (§ 744.342).

What the guardian may decide. "A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian" (§ 744.3021(1)).

The child's preference. The court must "consider the preference of a minor who is age 14 or over as to who should be appointed guardian" (§ 744.312(3)(b)).

Parents and their role. Parents act as natural guardians of their minor children. Without appointment, authority or bond, if the amounts received in the aggregate do not exceed $15,000, natural guardians may settle a claim for damages to a minor child's person or property and collect, receive, manage and dispose of the settlement proceeds, among the other acts § 744.301(2) lists. If a child is the subject of a Chapter 39 proceeding, "the parents may act as natural guardians under this section unless the court division with jurisdiction over guardianship matters finds that it is not in the child's best interests" (§ 744.301(1)).

Custody questions go elsewhere. Disputes between parents over a child's care are family-court custody matters; our pages on Florida child custody laws and Florida grandparents' rights cover them.

When it ends. A minor is a person under 18 whose disabilities have not been removed by marriage or otherwise (§ 744.102(13)). When a ward becomes sui juris, the guardian files a final report and receives a discharge (§ 744.521).

Standby guardian for a child

"Upon a petition by the natural guardians or a guardian appointed under s. 744.3021, the court may appoint a standby guardian of the person or property of a minor" (§ 744.304(1)). Notice of the hearing must be served on the parents and any guardian currently serving unless they waive it in writing or the court waives it for good cause (§ 744.304(1)). The standby guardian may take over immediately on the death, removal or resignation of the child's guardian, or on the death or adjudication of incapacity of the last surviving natural guardian (§ 744.304(3)). Within 20 days after assuming duties as guardian, a standby guardian must petition for confirmation of the appointment (§ 744.304(4)).

Older minors in dependency cases

If a guardianship petition is filed for a minor who is the subject of a Chapter 39 proceeding and who is 17 years and 6 months or older, the guardianship court has jurisdiction over the incapacity proceedings, and the order of adjudication and letters of limited or plenary guardianship "may issue upon the minor's 18th birthday or as soon thereafter as possible" (§ 744.3021(4)).

A child's money and property

Beyond the $15,000 natural-guardian authority in § 744.301(2), a guardian of the property handles a child's estate. Except as § 744.351 otherwise provides, every person appointed guardian of the property of a ward must file a bond with surety approved by the clerk, and "when the petitioner or guardian presents compelling reasons, the court may waive a bond or require the use of a designated financial institution" (§ 744.351(1)).

Can a parent name a guardian for a child in Florida?

Yes. Florida's mechanism is a written declaration naming a preneed guardian for a minor:

(1) Both parents, natural or adoptive, if living, or the surviving parent, may nominate a preneed guardian of the person or property or both of the parent's minor child by making a written declaration that names such guardian to serve if the minor's last surviving parent becomes incapacitated or dies.

Fla. Stat. § 744.3046(1)

The declaration "must reasonably identify the declarant or declarants and the designated preneed guardian and must be signed by the declarant or declarants in the presence of at least two attesting witnesses present at the same time" (§ 744.3046(2)). It must also give each named child's full name, date of birth and social security number, if any, and the declarant must file it with the clerk of the court (§ 744.3046(2), (3)). The preneed guardian assumes the duties of guardian immediately on the last surviving parent's adjudication of incapacity or death and must petition for confirmation within 20 days after assuming them (§ 744.3046(5), (7)). The declaration "constitutes a rebuttable presumption that the designated preneed guardian is entitled to serve as guardian," but "the court is not bound to appoint the designated preneed guardian if the designated preneed guardian is found to be unqualified to serve as guardian" (§ 744.3046(4)).

At appointment, if the person designated is qualified under § 744.309, "the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward" (§ 744.312(1)). Separately, the court must consider any person designated as guardian in any will in which the ward is a beneficiary (§ 744.312(3)(c)).

Letting a relative care for a child without a guardianship

Florida's guardianship chapter (744) and its extended-family custody chapter (751) contain no provision for delegating parental powers by power of attorney for a set period. Two other routes exist, and one of them still requires a court.

Medical consent by listed relatives (no court). Under § 743.0645(2), when a person with the power to consent "cannot be contacted by the treatment provider" after a reasonable attempt, and that person has not given the provider actual notice to the contrary, the following may consent to the medical care or treatment of a minor, in this order of priority: a health care surrogate designated under § 765.2035 after September 30, 2015, or a person who possesses a power of attorney to provide medical consent for the minor; the stepparent; the grandparent; an adult brother or sister; and an adult aunt or uncle. The list applies to a minor who is not committed to the Department of Children and Families or the Department of Juvenile Justice.

"Medical care and treatment" here means ordinary and necessary medical and dental examination and treatment, such as blood testing, immunizations and well-child care; it does not include surgery, general anesthesia, psychotropic medication or other extraordinary procedures, although the health care surrogate or power of attorney holder at the top of the list may consent to medically necessary surgery and general anesthesia unless the document excludes them (§ 743.0645(1)(b), (2)(a)). The provider must notify the parent as soon as possible after the care is given (§ 743.0645(4)).

Temporary or concurrent custody (court order). Chapter 751 lets an extended family member bring a proceeding in circuit court "to determine the temporary or concurrent custody of a minor child." The family member must either have "the signed, notarized consent of the child's legal parents," or be "caring full time for the child in the role of a substitute parent and with whom the child is presently living" (§ 751.02(1)). Unless a parent objects, the court awards temporary or concurrent custody if it is in the child's best interest (§ 751.05(2)). If a parent objects in writing to concurrent custody, the court may not grant it. If a parent objects to temporary custody, "the court shall grant the petition only upon a finding, by clear and convincing evidence, that the child's parent or parents are unfit to provide for the care and control of the child," which requires a finding that the parent abused, abandoned or neglected the child as defined in chapter 39 (§ 751.05(3)). A parent may petition at any time to modify or end a temporary custody order, and the court must end it on finding the parent fit or by consent of the parties, subject to any transition plan the order approved (§ 751.05(6)).

How to become guardian of an adult in Florida

The petitions

"A petition to determine incapacity of a person may be executed by an adult person" (§ 744.3201(1)). The statute calls for a verified petition that must, among other contents, "state whether the alleged incapacitated person uses assistance to exercise his or her rights, including, but not limited to, supported decisionmaking, and if so, why the assistance is inappropriate or insufficient" (§ 744.3201(2)(d)).

The petition to appoint a guardian must state the extent of guardianship desired, "either plenary or limited," and "the reasons why a guardian advocate under s. 744.3085 or other alternatives to guardianship are insufficient." For that purpose, "alternatives to guardianship" means an advance directive, a durable power of attorney under chapter 709, a representative payee, or a trust instrument (§ 744.334).

Notice

"Notice of the filing of a petition to determine incapacity and a petition for the appointment of a guardian if any and copies of the petitions must be served on and read to the alleged incapacitated person." The notice and copies must also go to the person's attorney and be "served upon all next of kin identified in the petition" (§ 744.331(1)).

A lawyer in every incapacity case

(b) The court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity. The alleged incapacitated person may substitute her or his own attorney for the attorney appointed by the court.

Fla. Stat. § 744.331(2)(b)

The examining committee

"Within 5 days after a petition for determination of incapacity has been filed, the court shall appoint an examining committee consisting of three members. One member must be a psychiatrist or other physician" (§ 744.331(3)(a)). Unless good cause is shown, the person's attending or family physician may not be appointed to the committee (§ 744.331(3)(a)). Each member must file a report with the clerk "within 15 days after appointment" (§ 744.331(3)(e)). If a majority of the committee members conclude that the person is not incapacitated in any respect, the court must dismiss the petition (§ 744.331(4)).

The hearing and the burden of proof

The adjudicatory hearing "must be conducted at least 10 days, which time period may be waived, but no more than 30 days, after the filing of the last filed report of the examining committee members, unless good cause is shown" (§ 744.331(5)(a)).

At any hearing under Chapter 744, the alleged incapacitated person or ward has the rights § 744.1095 lists, including the right to "remain silent and refuse to testify at the hearing" and to "have the hearing open or closed as she or he may choose."

"In the adjudicatory hearing on a petition alleging incapacity, the partial or total incapacity of the person must be established by clear and convincing evidence" (§ 744.331(5)(c)). The order must address the matters § 744.331(6) lists. In deciding incapacity, "the court shall consider the person's unique needs and abilities and may only remove those rights that the court finds the person does not have the capacity to exercise," and "an incapacitated person retains all rights not specifically removed by the court" (§ 744.331(6)).

Alternatives must be ruled out

(b) When an order determines that a person is incapable of exercising delegable rights, the court must consider and find whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person. A guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person.

Fla. Stat. § 744.331(6)(b)

Section 744.2005(3) also states that "the order appointing a guardian must be consistent with the incapacitated person's welfare and safety, must be the least restrictive appropriate alternative, and must reserve to the incapacitated person the right to make decisions in all matters commensurate with the person's ability to do so."

Limited or plenary guardianship

A limited guardian is "a guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property, or after the person has voluntarily petitioned for appointment of a limited guardian" (§ 744.102(9)(a)). The petition must say which kind is sought (§ 744.334).

Who serves as guardian

• A preneed guardian the person chose. A competent adult may name a preneed guardian by a written declaration "signed by the declarant in the presence of at least two attesting witnesses present at the same time" (§ 744.3045(2)). Producing the declaration in an incapacity proceeding creates "a rebuttable presumption that the preneed guardian is entitled to serve as guardian" (§ 744.3045(4)).
• The person's wishes. The court must "consider the wishes expressed by an incapacitated person as to who shall be appointed guardian" (§ 744.312(3)(a)).
• Who qualifies. A Florida resident who is sui juris and 18 or older may serve; a nonresident may serve only if related to the ward as § 744.309(2) lists, such as a lineal relative, an adoptive parent or adopted child, a spouse, brother, sister, uncle, aunt, niece or nephew, someone related by lineal consanguinity to any of them, or the spouse of a qualified person (§ 744.309(1)(a), (2)). If a standby or preneed guardian cannot be appointed under § 744.312(1), the court gives preference to a person related to the ward by blood or marriage, among the other factors § 744.312(2) lists.
• Disqualification. Among the disqualifications § 744.309(3) lists: "No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian" (§ 744.309(3)). The subsection goes on to list further disqualified persons.
• Public and professional guardians. The Office of Public and Professional Guardians is created "within the Department of Elderly Affairs" (§ 744.2001).

What a Florida guardian can decide, and the rights the ward keeps

Only what the court removed. "The guardian of an incapacitated person is a fiduciary and may exercise only those rights that have been removed from the ward and delegated to the guardian" (§ 744.361(1)). The guardian must also "allow the ward to maintain contact with family and friends unless the guardian believes that such contact may cause harm to the ward" (§ 744.361(13)(b)).

Rights the person always keeps. Section 744.3215(1) lists rights a person determined to be incapacitated retains, including the right "to receive visitors and communicate with others" (§ 744.3215(1)(m)).

Rights that can be removed but not handed to a guardian. Under § 744.3215(2), an order determining incapacity may remove, but not delegate to a guardian, the rights:

• to marry (if the right to contract has been removed, the right to marry is subject to court approval);
• to vote;
• to personally apply for government benefits;
• to have a driver license;
• to travel; and
• to seek or retain employment.

Acts that need specific court authority. Without first obtaining specific authority from the court, a guardian may not take the acts § 744.3215(4) lists, including consenting on the ward's behalf "to the performance of a sterilization or abortion procedure on the ward" (§ 744.3215(4)(e)). A professional guardian must also obtain court approval before withholding or withdrawing life-prolonging procedures from a ward or executing an order not to resuscitate, except in the situations § 744.4431(7) lists (§§ 744.3215(3)(f), 744.4431(1)).

Changing where the ward lives. A guardian with power to determine the ward's residence "may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county is adjacent to the county of the ward's current residence" (§ 744.1098(1)). A move to an adjacent county needs no prior approval, but the guardian must notify the court within 15 days after the move (§ 744.1098(2)).

Health care decisions without a guardian. When an incapacitated patient has no advance directive, § 765.401(1) sets a priority list of proxies, beginning with "the judicially appointed guardian of the patient or the guardian advocate" authorized to consent to medical treatment, then the patient's spouse, then an adult child (or a majority of reasonably available adult children), then a parent, followed by the others the section lists.

Guardian of the property: bond, reports and accountings

The guardian of the property is Florida's counterpart to a conservator. Its safeguards:

• Bond. Except as § 744.351 otherwise provides, every guardian of the property must file a bond with surety approved by the clerk, which the court may waive, or replace with use of a designated financial institution, when the petitioner or guardian presents compelling reasons (§ 744.351(1)).
• Initial report. "Each guardian shall file with the court an initial guardianship report within 60 days after her or his letters of guardianship are signed" (§ 744.362(1)). For a guardian of the property, the initial report is an inventory that must carry an oath, an affirmation or a penalty-of-perjury statement; for a guardian of the person, it is an initial guardianship plan (§§ 744.104, 744.362(1)).
• Annual plan. Unless the court requires calendar-year filing, each guardian of the person files an annual guardianship plan "within 90 days after the last day of the anniversary month that the letters of guardianship were signed" (§ 744.367(1)).
• Annual accounting. Each guardian of the property files an annual accounting "on or before April 1 of each year" (§ 744.367(2)).
• Audit fee. The clerk may charge a fee for auditing the accounting that rises with the estate's value: up to $20 for estates of $25,000 or less, and up to $250 for estates over $500,000, with tiers in between (§ 744.3678(4)).

Voluntary guardianship of the property. "Without adjudication of incapacity, the court shall appoint a guardian of the property of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his or her estate by reason of age or physical infirmity and who has voluntarily petitioned for the appointment" (§ 744.341(1)).

Emergency temporary guardianship in Florida

Florida's emergency tool is the emergency temporary guardian under § 744.3031. An emergency temporary guardian may be appointed only after a petition to determine incapacity has been filed and before a guardian is appointed, and only if the court specifically finds that there appears to be imminent danger that the person's physical or mental health or safety will be seriously impaired, or that the person's property is in danger of being wasted, misappropriated or lost, unless immediate action is taken. The order must specifically list the emergency guardian's powers and duties, and the court must appoint counsel for the alleged incapacitated person (§ 744.3031(1)). Notice of the petition and hearing must be served on the person and the person's attorney at least 24 hours before the hearing, unless the petitioner shows that giving 24 hours' notice would cause the person substantial harm (§ 744.3031(2)). The duration rule reads:

(4) The authority of an emergency temporary guardian expires 90 days after the date of appointment or when a guardian is appointed, whichever occurs first. The authority of the emergency temporary guardian may be extended for an additional 90 days upon a showing that the emergency conditions still exist.

Fla. Stat. § 744.3031(4)

The emergency temporary guardian must file a final report no later than 30 days after the emergency temporary guardianship expires (§ 744.3031(9)(a)).

How a Florida guardianship ends or rights are restored

Any interested person, including the ward, may file a suggestion of capacity in the court where the guardianship is pending, stating that the ward can now exercise some or all of the removed rights, including with appropriate assistance (§ 744.464(1), (2)(a)). The court must immediately appoint a physician, who must examine the ward and report within 20 days; objections are due within 20 days after service of the notice (§ 744.464(2)(b), (d)). If no objection is filed and the court is satisfied that the medical examination establishes by a preponderance of the evidence that restoration is appropriate, the court enters an order restoring all or some of the removed rights (§ 744.464(3)(a)). If an objection is filed, or the examination suggests full restoration is not appropriate, the court sets a hearing and appoints an attorney for a ward who has none (§ 744.464(2)(e)), and the court must give the matter priority on its calendar (§ 744.464(4)).

At a hearing, "the ward has the burden of proving by a preponderance of the evidence that the restoration of capacity is warranted" (§ 744.464(3)(b)). Chapter 2024-242 amended § 744.464 so a suggestion of capacity may state that the ward can exercise rights with appropriate assistance.

When a ward dies, "a guardian of the person is discharged without further proceeding upon filing a certified copy of the ward's death certificate" (§ 744.521).

Alternatives to guardianship in Florida

Florida requires alternatives to be addressed in the incapacity petition (§ 744.3201(2)(d)), in the petition for appointment (§ 744.334), and in the court's own finding (§ 744.331(6)(b)).

Guardian advocate. "A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities, if the person lacks the decisionmaking ability to do some, but not all, of the decisionmaking tasks necessary to care for his or her person or property or if the person has voluntarily petitioned for the appointment of a guardian advocate" (§ 393.12(2)(a)).

Supported decisionmaking agreement. Section 709.2209, added by chapter 2024-242 effective July 1, 2024, is narrower than the supported decision-making laws of many states:

• It is "an agreement in which the power of attorney grants an agent the authority to receive information and to communicate on behalf of the principal without granting the agent the authority to bind or act on behalf of the principal on any subject matter" (§ 709.2209(1)).
• It "is not a durable power of attorney under s. 709.2104" (§ 709.2209(2)).
• A communication the principal makes with the agent's assistance, within the agent's authority, "may be recognized as a communication of the principal" (§ 709.2209(4)).

Powers of attorney and advance directives. A durable power of attorney and an advance directive are both on the statutory list of "alternatives to guardianship" in § 744.334. They are signed while a person still has capacity; the signing rules are on our Florida power of attorney laws page. Free drafting tools are available for a Florida power of attorney and a Florida advance directive; a tool is not legal advice, and any document must be signed under the Florida rules on the power of attorney page.

Federal benefits. A representative payee is also on the § 744.334 list. The Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints the payee itself, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to Florida with a guardianship

When a ward of a guardian appointed in another state moves to Florida, "the guardian shall, within 60 days after such change of residence, file the authenticated order of her or his appointment with the clerk of the court in the county where the ward resides." The order is "recognized and given full faith and credit in the courts of this state," and the guardian and ward are subject to Chapter 744 (§ 744.306(1)).

Recent changes to Florida guardianship law

• July 1, 2024: Chapter 2024-242 created the supported decisionmaking agreement in § 709.2209, added the supported-decisionmaking question to the incapacity petition (§ 744.3201(2)(d)), and amended the guardian advocate statute (§ 393.12), the incapacity procedure (§ 744.331) and restoration (§ 744.464).
• July 1, 2023: Chapter 2023-287 amended § 744.3215, the rights of persons determined incapacitated, and created § 744.4431, requiring court approval for a professional guardian's decisions to withhold or withdraw life-prolonging procedures or to execute an order not to resuscitate.

Florida guardianship at a glance

Related Florida pages

• Guardianship laws by state
• Florida power of attorney laws
• Florida child custody laws
• Florida grandparents' rights
• Florida probate

This article provides general legal information about Florida guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Florida or the circuit court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Florida?

A parent, sibling, next of kin or other person interested in the child's welfare may petition, and the court may appoint a guardian for a minor without an incapacity adjudication (Fla. Stat. § 744.3021(1)). The court considers the preference of a child 14 or older (§ 744.312(3)(b)). Chapter 751 temporary or concurrent custody is a separate court route for extended family members.

Can a grandparent consent to a grandchild's medical care in Florida without a court order?

Under Fla. Stat. § 743.0645(2), when the person with power to consent cannot be contacted after a reasonable attempt and has not given contrary notice, listed persons in priority order, including a stepparent, then a grandparent, may consent to the minor's medical care or treatment. This covers ordinary and necessary care, not surgery, general anesthesia or psychotropic medication (§ 743.0645(1)(b)).

How can a parent name a guardian for their child in Florida?

Both parents, or the surviving parent, may nominate a preneed guardian by a written declaration signed before at least two attesting witnesses present at the same time, listing each child's full name, date of birth and social security number, if any, and filed with the clerk of the court (Fla. Stat. § 744.3046(2), (3)). It creates a rebuttable presumption that the nominee is entitled to serve, but the court is not bound to appoint an unqualified nominee.

What must be proved to get guardianship of an adult in Florida?

Partial or total incapacity must be established by clear and convincing evidence (Fla. Stat. § 744.331(5)(c)), and a guardian may not be appointed if an alternative to guardianship will sufficiently address the person's problems (§ 744.331(6)(b)), among the other requirements of § 744.331.

Does the person get a lawyer in a Florida guardianship case?

Yes. The court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity, and the person may substitute their own attorney (Fla. Stat. § 744.331(2)(b)).

How long does an emergency temporary guardianship last in Florida?

It expires 90 days after appointment or when a guardian is appointed, whichever occurs first, and may be extended for an additional 90 days on a showing that the emergency conditions still exist (Fla. Stat. § 744.3031(4)).

What rights does a person under guardianship keep in Florida?

A person retains all rights not specifically removed by the court (Fla. Stat. § 744.331(6)), including the right to receive visitors and communicate with others (§ 744.3215(1)(m)). Rights such as voting, marrying and driving may be removed by the court but cannot be delegated to a guardian (§ 744.3215(2)).

Can a Florida guardian move the ward to another county?

A guardian with power over residence may not, without court approval, move the ward out of Florida or to another Florida county that is not adjacent to the ward's current county (Fla. Stat. § 744.1098(1)). A move to an adjacent county must be reported to the court within 15 days after the move (§ 744.1098(2)).

What is a guardian advocate in Florida?

A guardian advocate is appointed by a circuit court, without an adjudication of incapacity, for a person with developmental disabilities who lacks the ability to make some but not all decisions, or who voluntarily petitions (Fla. Stat. § 393.12(2)(a)).

Does Florida have supported decision-making agreements?

Yes, in a narrow form. Under Fla. Stat. § 709.2209, effective July 1, 2024, a supported decisionmaking agreement is a power of attorney letting an agent receive information and communicate for the principal, without authority to bind or act for the principal on any subject.

How do you end a guardianship and restore rights in Florida?

Any interested person, including the ward, may file a suggestion of capacity; the court appoints a physician to examine the ward, and if no objection is filed and the examination supports it by a preponderance of the evidence, the court may restore rights without a hearing (Fla. Stat. § 744.464(2), (3)(a)). If there is a hearing, the ward must prove by a preponderance of the evidence that restoration is warranted (§ 744.464(3)(b)).