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Guardianship Law

Compassionate, experienced legal representation in Florida guardianship proceedings — protecting those who cannot protect themselves.

Guardianship & Protective Proceedings

Protecting Vulnerable Individuals & Their Families

Florida guardianship law provides a legal framework for the protection of individuals — minors, the elderly, and adults with disabilities — who are unable to manage their own affairs. The attorneys at Dunlap Moran have extensive experience representing petitioners, guardians, and wards in Florida guardianship proceedings.

Guardianship is a significant legal responsibility. We guide families and individuals through every stage of the process: from filing the initial petition and attending court hearings, to ongoing reporting obligations and, when appropriate, restoration of rights. Our goal is always to protect the best interests of the ward while minimizing burden on the family.

Florida law favors the least-restrictive option. Before a full guardianship is established, courts consider alternatives such as durable powers of attorney, health care surrogates, and limited guardianships. Our attorneys will help you identify the right level of protection for your situation.

Our Guardianship Services Include

  • Voluntary & involuntary guardianship petitions
  • Guardian of the person and/or property
  • Limited guardianships tailored to specific needs
  • Emergency temporary guardianship
  • Guardianship for minors (inheritance & structured settlements)
  • Guardianship for incapacitated adults
  • Annual reporting & accounting compliance
  • Restoration of capacity proceedings
  • Resignation and successor guardian appointments
  • Termination of guardianship
  • Guardian advocacy (for developmental disabilities)
  • Coordination with estate planning documents

Guardianship Questions?

Our attorneys can help you navigate Florida's guardianship process with care and confidence. Call or message us today.

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Common Questions

Frequently Asked Questions

What is the difference between a guardian of the person and a guardian of the property?
A guardian of the person makes decisions about the ward's personal life — healthcare, residence, and daily activities. A guardian of the property manages the ward's financial affairs and assets. Florida courts may appoint one person to serve both roles, or separate individuals depending on the circumstances.
Is guardianship necessary if I already have a power of attorney?
Not always. A valid durable power of attorney can often accomplish the same goals as guardianship without court involvement. However, if the person is already incapacitated and did not execute a power of attorney while they had capacity, a guardianship proceeding may be the only option. Our attorneys can evaluate your specific situation.
How long does the guardianship process take in Florida?
The timeline varies, but most standard guardianship proceedings in Sarasota County take two to four months from the initial petition to the court's appointment. Emergency temporary guardianships can be established much more quickly — sometimes within days — when the situation warrants immediate protection.
What are a guardian's ongoing responsibilities?
Florida law requires guardians to file annual plans (for guardian of the person) and annual accountings (for guardian of the property) with the court. Guardians must also seek court approval for certain significant decisions. Our attorneys assist guardians with these ongoing compliance obligations to ensure they remain in good standing with the court.

Compassionate Guidance When It Matters Most.

Let our guardianship attorneys help protect the people you love.

Call (941) 366-0115