Managing Your Estate

Home » Guardianship

Guardianship

Guardianship is a legal process in which the court appoints an individual (a guardian) to make decisions on behalf of someone who cannot make decisions for themselves due to incapacity or age. In Florida, guardianship can apply to both adults and minors and can involve decisions regarding the person’s well-being or their property. Typical Florida guardianship matters include:

Guardianship of the Property of a Minor
Guardianship of the Person of a Minor
Plenary Guardianship of a Minor
Guardianship of the Property of an Adult
Guardianship of the Person of an Adult
Plenary Guardianship of an Adult
Asset Management
Annual Guardianship Plans
Annual Guardianship Accountings

Below is an overview of the different types of guardianships available and what each entails.

Adult Guardianship

Adult guardianship is necessary when an adult becomes incapacitated and is unable to manage their own affairs. This might be due to age-related conditions such as dementia, a serious illness, or an accident that impairs mental or physical capacity. Florida courts will first seek less restrictive alternatives, such as powers of attorney, but if these are not sufficient, a guardian will be appointed.

The guardian is responsible for making important decisions for the incapacitated person, which could include medical care, living arrangements, and managing financial assets. The court oversees the guardian's actions to ensure that they act in the best interest of the incapacitated individual.

Minor Guardianship

When a child (under the age of 18) has no natural guardian (such as when parents are deceased or unable to care for them), the court may appoint a guardian to take over the role of the parents. Guardianship of a minor can also be necessary when the child inherits assets or receives funds through a lawsuit, and there is no qualified person to manage those assets.

In minor guardianships, the guardian’s role includes ensuring that the child's physical, educational, and medical needs are met, as well as managing any property or financial interests the child may have.

Guardianship of the Person

A guardian of the person is responsible for making personal decisions on behalf of the ward (the person under guardianship). These decisions can include medical care, housing, education (in the case of minors), and other aspects related to the ward’s day-to-day well-being. Guardians of the person are entrusted with the responsibility of protecting and enhancing the quality of life for the ward.

Guardianship of the Property

Guardianship of the property, sometimes referred to as a guardian of the estate, involves managing the financial assets and property of the ward. This type of guardian ensures that the ward’s finances are used appropriately for their care, well-being, and future needs. This can include paying bills, managing investments, or overseeing income from sources like Social Security or pensions. The guardian must provide regular financial accountings to the court to ensure proper management of the ward’s assets.

Why You May Need a Guardianship Lawyer

Florida law requires a guardian to have a lawyer. Navigating the complexities of Florida’s guardianship laws can be overwhelming, whether you are seeking to establish guardianship for a loved one or need guidance on your role as a guardian. Our firm provides compassionate and comprehensive legal representation to ensure that all court requirements are met and the ward’s best interests are protected. We can help you understand your responsibilities as a guardian and assist in fulfilling your legal obligations effectively.

If you have questions about guardianship or need assistance with the guardianship process, contact our office for a consultation. Our experienced team is here to guide you through this important legal process.

Testimonials

Margo J

I cannot express enough how grateful I am for the exceptional service provided by Michelle and her team at Shupe Legal in assisting with my mother’s will. As someone who is from out of country and needing to find an estate lawyer in a timely manner, I could not have been happier I chose Shupe Legal.
From our very first consultation, Michelle demonstrated a deep understanding of probate law and a genuine care for my mothers situation. We were only in the USA for a few days and she went above and beyond to help us with our needs. Everyone was wonderful to us. We went in the office as strangers and by the time we left I felt like I was leaving friends.
Thank you again, Michelle and the Shupe Legal team — you’ve made a potentially stressful situation much easier to handle, and I’m forever grateful!

Mary Kate Speed

Shupe Legal is a fantastic resource for anyone looking for estate planning or probate guidance in the Ft. Lauderdale area. Michelle is approachable, knowledgeable, and genuinely focused on helping families protect what their moat valuable assets. It’s clear she truly cares about her clients and their peace of mind. Highly recommend!

Doug Rohan (Rohan Law)

I have known Michelle for years and she truly cares about her clients. It is rare today to find a professional who is competent, but also understands. Too often by the time layers get enough experience to be good, they also harden their hearts over the day to day fighting and aggravations that they have to endure. Michelle and her team remain compassionate and committed to the cause of their clients.

Christine Matus

Shupe Legal brings a level of professionalism and clarity to Florida probate law that’s genuinely impressive. Their team is knowledgeable, efficient, and consistently client-focused. I’ve observed their work in the field and have great respect for their approach—always thorough, responsive, and grounded in real care for the families they serve. Probate matters can be complex and emotional, and Shupe Legal handles them with a steady, respectful hand. They’re a valuable asset to anyone navigating this process.

Azfar Abbas

Very professional probate and estate planning attorneys. I highly recommend them. They did my will and trust and I couldn’t be happier.

Luann Myers

Very professional and knowledgeable regarding my estate planning and trust preparation. I felt completely comfortable with their suggestions and assistance with the entire process.

Margaret Coviello

I spoke with Michelle today at shupe law firm and she was absolutely amazing. She answered all of my questions and gave me some options as far as referrals and the best way to move forward. She is very knowledgeable and experienced in her line of work. I will definitely give her a call for any estate planning needed in my upcoming future. I highly recommend her. Thank you, Michele!

Hope Spangler

Caring, compassionate and easy to work with lawyers you can trust with your estate planning & probate.

Michelle Bartolic

Michelle is compassionate and knowledgeable. She truly cares about her clients and protecting their legacy. Whether it's guidance through the planning phase or following the death of a loved one, Shupe Legal is the place to go.

Nicole Kinne

It was a pleasure to have Michelle Shupe-Abbas help my husband and I complete our Trust. She was very knowledgeable and helpful with all of our questions!