Guardianship Handling Every Case as if it were our own

Guardianship Attorney in Jacksonville

Serving Duval County Families Through Every Stage of Guardianship

When a loved one can no longer make sound decisions about their health, finances, or personal care, guardianship may be the only path forward. Under Chapter 744, Florida Statutes, a court appoints a guardian to act on behalf of a person who lacks the capacity to manage their own affairs. Cases in Jacksonville are filed through the Probate Department of the Duval County Courthouse, part of the Fourth Judicial Circuit. Our Jacksonville office handles guardianship as part of a broader estate and probate practice, which means you work with attorneys who already know these courts, these processes, and the related legal issues that tend to surface alongside guardianship matters.

Schedule a free consultation with our Jacksonville guardianship lawyers today. Evening and weekend appointments are available. Call (386) 200-6547 to get started.

Types of Guardianship Under Florida Law

Florida courts are required to use the least restrictive form of guardianship that adequately protects the ward. The type ordered depends on the individual’s circumstances and the extent of their incapacity.

Limited Guardianship
The court grants authority only over the specific areas where the ward lacks capacity, preserving all other rights. This is appropriate when the person retains some ability to manage certain aspects of their affairs.

Plenary Guardianship
Following a finding of total incapacity, the court grants authority over all delegable legal rights. A plenary guardian of the person handles health care and personal decisions; a plenary guardian of the property manages financial matters. One guardian may serve both roles.

Minor Guardianship
Florida law requires a guardian when a child’s parents die or become incapacitated, or when a minor receives assets exceeding $15,000 through inheritance, insurance proceeds, or a legal settlement. Minors don’t require an incapacity determination because they are legally presumed to need a guardian for financial matters above that threshold.

Emergency Temporary Guardianship
When there is an immediate threat to a person’s health, safety, or finances, the court can order emergency temporary guardianship to provide interim protection while full proceedings continue.

Guardian Advocacy
For individuals with developmental disabilities, guardian advocacy under Section 393.12 of the Florida Statutes offers a streamlined path. Family members or caregivers can obtain legal authority without a formal incapacity finding, making it a less burdensome option for many families.

Why Jacksonville Families Work With Hedstrom Law, P.A.

Guardianship proceedings involve multiple hearings, an examining committee, appointed counsel, and ongoing court reporting requirements. Our familiarity with local judges and attorneys in Duval County shapes how we develop strategy for each case, from the initial petition through the guardian appointment hearing.

Our practice spans guardianship, estate planning, trusts, and probate. That matters because families rarely arrive at guardianship in isolation. Probate questions, trust administration issues, and estate planning gaps often surface at the same time. Working with one team across all of those areas can keep the process cleaner and can help avoid the coordination problems that come from engaging separate firms.

We treat clients as part of the process, not bystanders to it. You’ll receive direct communication and honest guidance so you can make informed decisions at each stage, and we’ll pursue every available avenue to protect your loved one’s interests.

Start With a Free Guardianship Consultation in Jacksonville

If you’re facing a guardianship matter in Duval County, our Jacksonville office is ready to help. A free initial consultation can give you a clear picture of your options and what the process ahead looks like. We offer evening and weekend appointments so scheduling doesn’t become another obstacle.

Call (386) 200-6547 to schedule your free consultation with Hedstrom Law, P.A..

The Florida Guardianship Process

Florida guardianship follows a structured court procedure. The timeline depends on the complexity of the case and the court’s schedule, but each stage builds on the one before it.

Petition Filing

The process begins when a petitioner files with the court, identifying the alleged incapacitated person and explaining why guardianship is needed. The court then appoints an attorney to represent that individual throughout the proceedings.

Examining Committee

The court appoints a three-member examining committee to evaluate the person’s capacity. Each member files a report with the court detailing their findings. Under Florida law, at least one member must be a psychiatrist or other physician.

Incapacity Hearing

Based on the committee reports and other evidence, the court holds a hearing to determine whether incapacity exists and to what degree. The findings at this stage determine whether limited or plenary guardianship is appropriate.

Guardian Appointment Hearing

If incapacity is established, the court holds a separate hearing to appoint a guardian. The court considers the proposed guardian’s qualifications, their relationship to the ward, and any prior designation the ward may have made before losing capacity.

Letters of Guardianship

Once appointed, the guardian receives letters of guardianship from the court. These letters define the guardian’s specific powers and responsibilities and are required to act on the ward’s behalf.

Ongoing Responsibilities After Guardian Appointment

Appointment isn’t the end of the court’s involvement. The Duval County Probate Court maintains ongoing supervision of all guardianships, reviewing annual reports to confirm the ward is properly cared for.

Reporting timelines under Florida law:

A guardian of the person must file an initial plan within 60 days of receiving letters of guardianship, with annual plans due within 90 days of each anniversary date
A guardian of the property must file an inventory of the ward’s assets within 60 days of appointment, and annual accountings within 90 days of each anniversary date
All guardians in Duval County are required to complete guardianship training provided by Aging True in Jacksonville, unless waived by court order

Failure to meet reporting deadlines or comply with court requirements can result in court action against the guardian. Understanding these obligations before accepting the role matters.

Alternatives to Guardianship in Florida

Florida law requires guardianship only when no less restrictive alternative is available and appropriate. Courts look for these tools first, and families planning ahead should too.

Common alternatives include a durable power of attorney, a healthcare surrogate designation, a living trust, and supported decision-making arrangements. The critical limitation is timing. These tools must generally be put in place while the individual still has legal capacity. Once incapacity has occurred, there is no one with legal authority to sign documents on the person’s behalf, and guardianship through the court may become the remaining option.

Advance estate planning that includes a durable power of attorney and healthcare surrogate designation can prevent the need for guardianship and give families more control over who makes decisions. Hedstrom Law, P.A. handles durable powers of attorney and trusts, so we can help families evaluate whether alternatives are still viable or whether guardianship is the appropriate next step.

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