Top 5 Misconceptions about Guardianship in Florida

By: Amanda Dorio, Esq.

Guardianship in Florida is a legal mechanism designed to protect individuals who cannot make decisions for themselves due to unforeseen circumstances. Misconceptions about guardianship can lead to confusion and misinformation. In this blog post, we’ll debunk the top five common misconceptions about guardianship in Florida.

Misconception #1: Guardianship is Only for Minors

One prevailing misconception is that guardianship applies exclusively to minors. In reality, guardianship in Florida extends to adults who may lack the capacity to make decisions independently due to disability, illness, or age-related conditions. The process for adults involves addressing a broader range of concerns, including medical treatment, financial management, and personal care decisions.

Miconception #2: Guardians Have Unlimited Power

Contrary to popular belief, guardians do not have unlimited power over the individuals for whom they serve. Instead, guardianship is subject to oversight by the court to ensure that the guardian acts in the ward’s best interests. Guardians must adhere to specific legal standards and obtain court approval for significant decisions, such as medical treatments and financial transactions.

Miconception #3: Guardianship Means Loss of Rights

Another misconception is that guardianship results in the complete loss of rights for the individual under a guardianship. While guardianship does involve delegating decision-making authority to a guardian, it does not automatically strip the individual of all rights. The court strives to balance protection with autonomy, and guardianship orders are tailored to preserve the individual’s rights to the greatest extent possible.

Miconception #4: Guardianship is Permanent 

Guardianship is not always a permanent arrangement. In some cases, individuals may regain the capacity to make decisions independently, rendering guardianship unnecessary. Additionally, guardianship orders can be modified or terminated by the court if circumstances change or it is no longer in the ward’s best interests.

Miconception #5: Guardianship is Simple and Straightforward

Many people underestimate the complexity of the guardianship process. From filing the initial petition to navigating court proceedings and fulfilling ongoing responsibilities, guardianship involves numerous legal and procedural complexities. It requires careful consideration of the individual’s needs, preferences, and rights, as well as adherence to Florida’s guardianship laws and regulations.

Bottom Line

By debunking the misconceptions and gaining insight into the nuances of guardianship in Florida, individuals and families can make informed decisions and navigate the process with clarity and confidence. Ultimately, guardianship serves as a vital safeguard for vulnerable individuals, ensuring that their interests are protected while upholding principles of autonomy and dignity.

If you are considering serving as a guardian or have questions about the guardianship process in Florida, it is essential to consult with an experienced attorney who can provide guidance and support throughout the process. I may be reached at amanda.dorio@henlaw.com.