How do I petition for guardianship or conservatorship in Florida?

1. Terminology. Florida uses 'guardian of the person' and 'guardian of the property' for both minors and adults; 'conservatorship' applies only to absentees under Ch. 747.

2. Adult Guardianship. Under Fla. Stat. § 744.331, the court must first determine incapacity in a separate proceeding before appointing a guardian. Plenary or limited guardianship may be ordered based on the examining committee's findings.

3. Minor Guardianship. Required under § 744.387 when a minor inherits or receives over $15,000, or when parents are deceased or rights terminated.

4. Petition. File a Petition to Determine Incapacity (§ 744.3201) and a separate Petition for Appointment of Guardian in the circuit court where the alleged incapacitated person resides. Notice to next of kin within seven days.

5. Court Investigator / GAL. The court appoints an attorney for the alleged incapacitated person (§ 744.331(2)); a GAL may be added if interests conflict.

6. Capacity Evaluation. A three-member examining committee (physician, psychologist, and one other) examines the proposed ward and files reports (§ 744.331(3)); clear and convincing evidence standard.

7. Hearing & Order. Adjudicatory hearing within 14 days of committee reports. The alleged incapacitated person has rights to attend, present evidence, cross-examine, and request a jury.

8. Powers & Duties. Bond required (§ 744.351); initial guardianship report and plan due within 60 days; annual accounting and plan; court approval for sale of homestead and major medical procedures (§ 744.3725).

9. Alternatives. Durable POA (Ch. 709), advance directives (Ch. 765), pre-need guardian designation (§ 744.3045), and supported decision-making (not yet codified statewide).

10. Termination. Suggestion of capacity (§ 744.464), death, or minor reaching majority.

11. UAGPPJA. Florida adopted UAGPPJA at Fla. Stat. §§ 744.1097-744.1109.

This is legal information, not legal advice.