Guardianship is a court ordered proceeding in which a person, either voluntarily or involuntarily relinquishes their rights to another person called a legal guardian who will then have the authority to make a person’s decisions concerning their physical person and/ or property.


A Guardianship proceeding can be initiated by any interested adult on behalf of another if they genuinely feel that a person is not capable to appropriately care for themselves either physically or financially. If a person is either mentally or physically incapacitated, or both, and appears not to be capable to protect themselves from neglect, abuse or exploitation, then a petition can be filed with the Court which will begin a legal process to assist that incapacitated person.

In Florida, once the Petition is filed, a Court with legal jurisdiction will appoint an examining committee of (3) professionals who will examine the person and prepare a report for the Court. Upon the determination of the evidence, the examining committee reports and other evidence presented, a Judge may make a determination that the person is incapacitated and appoint a Guardian. So if one finds themselves or another in need of assistance or cannot make health care or financial decisions, then a guardianship proceeding may be recommended for that person.

If after reading this brief review, you feel that you would like to meet to discuss your legal matter further, please feel free to contact the Kirk Pinkerton, PA Law Firm at 941-364-2400.

By, Rebecca J. Proctor, Esq.