Can a guardianship be created without going to court?

In Florida, a guardianship can be created without going to court if all parties involved agree to it. For instance, if a parent or legal guardian gives consent for someone else to become the guardian of a minor, or a person with a disability agrees to a guardianship of an incapacitated individual, the guardianship can be established without any court proceedings. However, it is important to note that such private agreements are not legally binding without court approval. The guardian will not have the legal authority to make decisions on behalf of the person they are protecting until the guardianship is approved in court. The court process is necessary to provide the guardian with the legal authority to act on behalf of the person in need of protection. In addition, if there are disagreements between any of the parties involved, then guardianship proceedings must be initiated in court. If someone disagrees with the guardianship, it is possible for the court to decide otherwise. Going to court for guardianship is not only important for providing legal authority to the guardian, but also allows any objections or concerns to be heard before a guardianship is established. Therefore, it is advised that any guardianship agreement go through the court prior to its establishment.

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Can a guardianship be created without going to court?

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