Frequently Asked Questions

Guardianship in Florida is a court-supervised legal arrangement in which a guardian is appointed to make personal, financial, or medical decisions for an adult who the court has determined lacks the capacity to make those decisions independently. It is governed by Chapter 744 of the Florida Statutes.

Guardianship may become necessary when an adult with a developmental or intellectual disability cannot make or communicate safe decisions about their healthcare, finances, or personal welfare, and no less-restrictive arrangement — such as a supported decision-making agreement or power of attorney — is adequate. Florida courts must consider less-restrictive alternatives before appointing a guardian.

Plenary guardianship gives the guardian full authority over the ward's personal and financial decisions. Limited guardianship restricts the guardian's authority to specific areas where the court has found the individual lacks capacity, preserving their autonomy in areas where they can still make decisions.

Yes. Florida law allows families to petition the court to modify or terminate a guardianship if the ward's capacity has changed. Less-restrictive alternatives — including durable powers of attorney, health care surrogate designations, and supported decision-making agreements — can sometimes be put in place instead of, or as a transition away from, guardianship.

Not necessarily. When a child with autism turns 18, Florida law no longer gives parents automatic authority to make decisions on their behalf — but guardianship is not the only option. Depending on the individual's capacity and the decisions at issue, alternatives such as supported decision-making agreements, powers of attorney, or health care surrogate designations may be appropriate.

A guardianship petition in Florida's circuit court typically takes 60 to 90 days from filing to the appointment of a guardian. The process involves filing a petition, a three-member examining committee evaluation, and a court hearing. Timelines can vary based on court dockets and case complexity.

Yes. Estate planning is not just about distributing assets — it is also about designating who can make medical and financial decisions for you if you become incapacitated. Without a health care surrogate designation and durable power of attorney, Florida law may require a court proceeding (guardianship) to authorize someone to act on your behalf, regardless of your asset level.

A living will in Florida is a written advance directive that specifies your wishes for end-of-life medical care — including whether you want life-prolonging procedures continued if you are in a terminal condition, end-stage condition, or persistent vegetative state. It is governed by Florida Statutes Chapter 765.

If you die without a will in Florida (intestate), your estate is distributed according to Florida's intestate succession laws under Chapter 732. Assets typically pass to your spouse and then to your children in proportions set by the statute — which may not reflect your actual wishes.

Review your estate plan whenever a major life event occurs: marriage, divorce, birth of a child, death of a named representative or beneficiary, significant change in assets, or disability in the family. As a general rule, review your documents at least every three to five years.

A health care surrogate is a person you designate to make medical decisions on your behalf if you are unable to make them yourself. The designation is made in writing under Florida Statutes § 765.202 and is separate from your living will, which records your preferences rather than appointing a decision-maker.

A HIPAA authorization allows your designated representatives to access your protected health information from healthcare providers. Without it, your health care surrogate or power of attorney agent may be unable to get the medical information they need to make decisions on your behalf.

Assets that go through Florida probate are those titled solely in the decedent's name without a co-owner, beneficiary designation, or transfer-on-death provision. Common examples include bank accounts, real estate, and personal property. Assets with named beneficiaries — life insurance, IRAs, 401(k)s, accounts with POD designations — typically bypass probate.

Summary administration is a simplified probate process available in Florida when the estate's probate assets are valued at $75,000 or less, or when the decedent has been dead for more than two years. It involves a single petition and order rather than the full formal administration process, and can typically be completed in four to eight weeks.

Yes. Common probate-avoidance strategies in Florida include using beneficiary designations on accounts and insurance policies, titling assets jointly with right of survivorship, establishing a revocable living trust, and using ladybird deeds (enhanced life estate deeds) for real property. A complete estate plan typically incorporates several of these tools.

No. If a person's assets are structured to pass directly to beneficiaries or co-owners — through beneficiary designations, joint tenancy, or a living trust — no probate may be necessary. An estate planning attorney can review the asset structure and advise which assets, if any, would require probate.

A will in Florida is valid if it is signed by the testator (the person making the will) in the presence of two witnesses, who also sign in each other's presence and in the presence of the testator, as required by Florida Statutes § 732.502. A will that does not meet these requirements may be invalidated by the court.

Florida does not recognize handwritten (holographic) wills. A will must comply with the formal execution requirements of § 732.502 — including two witnesses — to be valid. An improperly executed will can be denied probate, as though no will existed.

A personal representative (called an executor in other states) is the person appointed by the court to administer the estate — gathering assets, paying debts, and distributing the remainder to beneficiaries. In Florida, the personal representative must be named in the will or appointed by the court if no will exists.