Guardianship of a Child or Adult in Florida

On petition of a parent, sibling, next of kin or another person interested in the minor's welfare, the court may appoint a guardian for a minor without a finding of incapacity; the guardian has the authority of a plenary guardian. The minor need not attend the hearing unless ordered, and the court may appoint an attorney for the minor.

A petition to determine incapacity must be served on and read to the person. The court appoints an attorney for the person and, within five days, an examining committee of three members (at least one a psychiatrist or other physician). Incapacity must be proved by clear and convincing evidence, and the court decides which specific rights the person cannot exercise. Before appointing a guardian, the court must find whether an alternative to guardianship would sufficiently address the person's problems; if one would, a guardian may not be appointed. A valid trust or durable power of attorney can be such an alternative.