Grounds for Guardianship of a Minor

• Under Florida law, in circumstances where a minor child is orphaned, or if a child's parents become incapacitated and are unable to care for her, a legal guardian must be appointed to protect the child's best interests. Florida law also mandates that guardianship be appointed if a child receives an inheritance, is awarded proceeds from a lawsuit or receives benefits from an insurance policy exceeding $15,000, or as otherwise permitted by statute.
  
  

Guardianship of Adults

• In cases where a Florida court deems an adult mentally incompetent, or in circumstances where an adult becomes physically incapacitated to the point where his ability to make decisions on his own behalf becomes impossible, Florida law permits that guardianship be assigned to a designated representative. Guardianship is permitted only when the court finds that no alternative, such as power-of-attorney or trust, is appropriate or available.
  
  

Types of Guardians

• Florida recognizes three different classifications of guardianship: family, professional and public. A family guardian is appointed to care for and protect the personal and financial interests of a family member related by marriage or blood. Professional guardians are court-appointed, are not related to the dependent person by blood or marriage, and receive compensation in exchange for their service of guardianship. Public guardians are persons or organizations appointed by the Statewide Public Guardianship Office to represent indigent people who have no family or loved ones to serve as guardians on their behalf.
  
  

Responsibilities

• Under Florida law, a guardian must act in the best interests of the dependent assigned to her care. Responsibilities include ensuring the dependent receives adequate health care, nutrition, shelter, clothing and other age-appropriate necessities; paying expenses on the dependent's behalf; filing regular reports to the court regarding the welfare of the dependent; and managing any funds assigned to the dependent's bank accounts, financial holdings, investments or inheritances.