What is a guardianship?

A guardianship is a legal relationship in which a court appoints a responsible adult, called a “guardian”, to make decisions for a minor, elderly or otherwise incapacitated person, called a “ward.” In Florida, the ward is typically a minor under 18 years of age, a disabled adult or a person with an intellectual disability. The guardian is responsible for providing care, supervision and making decisions regarding the ward’s medical treatment, education, living arrangements, and financial matters. A guardianship is not a substitute for parents or family members providing care and support to a ward. Instead, it is a legal form of guardianship designed to protect the ward’s best interests. It is a court-supervised process that requires a guardian to file reports and be accountable to the court. The court evaluates the court’s decision to appoint a guardian based on the evidence presented and a variety of legal factors. The court may appoint a guardian if it is determined that the ward’s best interests would be served by the guardian’s service. The court may also appoint a guardian if it is determined that the ward is not capable of making their own decisions due to physical or mental incapacitation. The guardianship generally terminates when the ward is 18 years of age or reaches a certain level of maturity. In some cases, a guardianship may be terminated earlier if the ward is deemed to have regained the capacity to make their own decisions.

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What is a guardianship?

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