Fort Myers Guardianship Attorneys

Living in a vibrant community like Fort Myers means enjoying the beauty of the Gulf Coast and the peace of Lee County. But life can change quickly when a family member becomes unable to manage their own health or finances.

Our guardianship attorneys are committed to protecting your family for generations, helping you step in and provide care when a loved one can no longer make safe decisions.

Understanding the Guardianship Process in Florida

The legal process for guardianship begins when someone can no longer manage their own legal affairs due to mental or physical limitations. Florida law defines an incapacitated person as an adult who a court has determined cannot manage at least some of their property or meet essential health and safety requirements (Florida Statute 744.102).

Under Florida Statute 744.331, the court must appoint an examining committee after a petition is filed. This committee consists of three members, and at least one must be a psychiatrist or another physician. Each member conducts a separate examination of the prospective ward and submits a report to the court. These reports help the judge decide if the individual is truly an incapacitated adult and what rights should be removed.

Protecting Individual Rights and Independence

Florida law prioritizes the independence of the prospective ward. The court identifies specific rights that a person can no longer exercise safely. These are divided into rights that can be delegated to a guardian and rights that are simply removed. For example, the right to vote or the right to marry is a non-delegable right under Florida Statute 744.3215.

The court’s objective is to allow the individual, or “ward,” to remain as independent as possible. Therefore, the court only delegates necessary rights to a legal guardian — those that the individual is specifically unable to exercise. The delegated rights may include the power to manage property, make medical decisions, or determine the ward’s residence, ensuring the ward receives the necessary protection while maintaining maximum independence.

Types of Guardianship: Plenary and Limited

Florida courts recognize different levels of authority based on the incapacitated person’s needs. A plenary guardianship is the most extensive type. In this arrangement, the court delegates all delegable legal rights to the guardian because the person is totally unable to care for themselves.

A limited guardianship is a less restrictive alternative. The court grants the guardian authority only over specific tasks the ward cannot perform. For example, a person might be able to decide where they live but lack the capacity to manage complex finances. Florida Statute 744.102 clarifies that the court should remove only the rights the individual is specifically incapable of exercising.

Emergency Temporary Guardianship for Immediate Risks

Sometimes a family cannot wait several weeks for a standard hearing. If a loved one is in imminent danger or their property is being wasted, our attorneys may petition for an emergency temporary guardianship. This legal action allows a person to act immediately to protect the ward before a permanent guardian is appointed.

According to Florida Statute 744.3031, an emergency guardian’s authority usually lasts for 90 days. The court may extend this for another 90 days if the emergency conditions still exist.

The Responsibilities of a Court-Appointed Guardian

Serving as a guardian is a significant responsibility that involves protecting the ward’s best interests. A guardian of the person handles health care decisions, social needs, and living arrangements. A guardian of the property manages the ward’s finances, pays bills, and protects the ward’s assets from loss.

Before a guardian is appointed, Florida Statute 744.3135 requires most nonprofessional guardians to pass a Level 2 background check and credit review to ensure they are trustworthy and able to manage financial responsibilities.

Guardianship for Minors in Lee County

Guardianship is not limited to older adults. In Lee County, a guardian must be appointed if a minor inherits property or receives a settlement of over $15,000 (Lee County Clerk), ensuring those assets are managed under court supervision until the child turns 18.

Exploring Less Restrictive Alternatives

Florida law requires the court to consider if there is a less restrictive alternative to guardianship. We often review existing durable power of attorney and living will documents to determine whether a full court proceeding is truly necessary.

If these documents are already in place and functioning well, the court may deny the guardianship petition. We help families review these legal tools to see if they meet the ward’s needs. Our goal is to provide sound advice that respects your loved one’s dignity while ensuring they remain safe and secure.

Resolving Guardianship Disputes Among Family Members

It is not uncommon for family members to disagree about who should serve as a guardian or whether a guardianship is even necessary. These guardianship disputes can be emotionally draining and legally complex. When multiple family members petition for the same role, the court must decide who is best suited to serve the ward’s interests.

Whether you are seeking to be appointed or you are contesting a petition, our attorneys advocate for a solution that prioritizes the health and safety of the incapacitated adult.

Contact Our Fort Myers Guardianship Attorneys Today

Protecting your family is our mission at Safe Harbor Law Firm. We are committed to guiding you safely through life’s legal waters with transparency and compassion. If you are ready to secure a family member’s future, we are here to help. Contact us to schedule your complimentary vision meeting and experience why our clients become raving fans. Call 239-933-4697 today to take the first step toward peace of mind and the long-term protection of your loved ones.