Florida Guardianship AttorneysSecuring Legal Protection for Vulnerable Individuals

When a loved one is no longer able to make safe legal or personal decisions due to mental illness, cognitive decline, or similar conditions, guardianship provides families with the legal authority to step in and protect them. As a law firm, we handle the legal process and can coordinate with outside professionals when appropriate, including time-sensitive petitions when immediate action is needed.

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You will never walk alone

At Astor Simovitch Law Firm, we specialize in delivering expert legal representation for individuals in need of guardianship due to mental health or cognitive challenges. Our compassionate and experienced attorneys are committed to ensuring your loved one’s rights and well-being are protected, helping to secure a safer and more stable future.

We Understand the Weight You’re Carrying

When a loved one can’t make safe decisions for themselves, every day can feel urgent. We help families take the legal steps needed to protect them.

Safety at Risk

Behaviors or conditions that are putting your loved one in harm’s way.

Cognitive Decline

A parent or spouse losing capacity to dementia, Alzheimer’s, or sudden brain injury.

Financial Exploitation

An incapacitated loved one being manipulated, scammed, or losing control of their assets.

Time Slipping Away

Each day without legal protection is a day your loved one remains vulnerable.

Here’s How We Help

Florida guardianship is a court-supervised process with strict procedural requirements. We handle every step — including emergency petitions for time-sensitive legal situations.

Confidential Consultation

We assess your loved one’s situation and determine whether guardianship is the right path — or whether a less restrictive option like power of attorney or healthcare surrogate would serve them better.

Petition & Examining Committee

We file the petition to determine incapacity and coordinate the three-member medical examining committee required by Florida law to evaluate your loved one.

Court Representation

We represent your family at every hearing and present the evidence the court needs to grant guardianship — limited, plenary, or emergency depending on what your loved one needs.

Ongoing Guardian Support

Once guardianship is established, we help you file required annual reports, get court approval for major decisions, and modify the arrangement as your loved one’s needs change.

Facing a time-sensitive legal situation?

We handle emergency guardianship petitions for families facing immediate crises — mental health emergencies, behavioral health concerns, or financial exploitation in progress.

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The Hardest Part Isn’t Acting — It’s Waiting

Families often hesitate to pursue guardianship. Here’s what we want you to know.

“Will they hate me for taking their independence?”

Guardianship isn’t about taking control — it’s about protecting someone who can’t safely protect themselves. Florida courts can also order limited guardianship, which preserves your loved one’s autonomy in the areas they can still manage.

“What if there’s a better option?”

Sometimes there is — and we’ll tell you honestly. We evaluate every case to see whether power of attorney, healthcare surrogate, or another arrangement is the right fit before recommending guardianship.

“What if the court denies us?”

Florida has clear standards for guardianship and our attorneys have successfully petitioned hundreds of cases. We know exactly what evidence and clinical documentation the court needs to see.

“How is your firm different?”

We work alongside clinical professionals when needed. Our practice is built specifically around mental health, cognitive, and substance use cases — not generic estate planning. We understand both sides of your loved one’s situation.

Frequently Asked Questions

Answers to the questions families ask us most often about guardianship.

What is guardianship in Florida?

Guardianship is a legal relationship in which the court grants one person — the guardian — the authority to make important decisions on behalf of another person who can no longer manage their own affairs. The person being protected is called the “ward.” Guardianship is most commonly used for elderly individuals with dementia or Alzheimer’s, adults with severe mental illness, and minors whose parents are unable to care for them.

What are the different types of guardianship?

Florida recognizes several types of guardianship. Plenary guardianship grants the guardian authority over all delegable rights of the ward. Limited guardianship only covers specific areas where the ward needs help, allowing them to retain autonomy elsewhere. Voluntary guardianship applies when a competent adult petitions for help managing their own affairs. Emergency temporary guardianship is a faster process used when a loved one faces imminent harm. Our attorneys help families determine which type fits their situation.

What is emergency guardianship and when is it used?

Emergency temporary guardianship (ETG) is an expedited legal process used when a loved one is at imminent risk of harm — for example, during a mental health emergency, sudden cognitive decline, brain injury, or active financial exploitation. A hearing can be held as little as 24 hours after notice is given. Emergency guardianship lasts up to 90 days, during which the standard incapacity proceedings continue.

Who can be appointed as a guardian?

Any competent adult who resides in Florida can be appointed as a guardian, provided they are not a convicted felon. Adults outside Florida may also qualify if they are directly related to the alleged incapacitated person. Courts often give preference to family members, but professional guardians and attorneys are also frequently appointed. All guardians must complete a state-approved guardianship training course.

What’s the difference between guardianship and power of attorney?

A power of attorney is a document a person signs while still legally competent, giving someone else authority to act on their behalf. Guardianship is established by a court after a person has lost capacity. If your loved one is no longer able to make sound decisions and never executed a power of attorney, guardianship is often the only available path. We always evaluate whether less restrictive alternatives like a healthcare surrogate or power of attorney might still be appropriate before recommending guardianship.

What are my responsibilities as a guardian?

Guardians are responsible for making decisions in the ward’s best interest, advocating for their well-being, and reporting to the court. Florida law requires permanent guardians to file annual reports describing the ward’s mental and physical health, any changes in their condition, and an inventory of their property. For minors, the guardian must obtain the court’s prior approval before making certain major decisions. Our firm continues to support clients after appointment to ensure all reporting requirements are met properly.

Can guardianship be contested or modified?

Yes. The alleged incapacitated person has the right to contest a guardianship petition, and family members can petition to modify the guardianship if circumstances change. If a guardian is failing to fulfill their duties or abusing their powers, the court may dismiss them and appoint a replacement. Our attorneys represent families in both establishing guardianship and addressing disputes when they arise.

The Astor Simovitch Law Firm difference

Navigating through crises that involve mental health and substance abuse demands a stalwart ally who comprehends the intricacies of the challenge. Our Guardianship Attorneys are that ally for you in Florida. Rooted deeply within our specialized boutique practice is a dedication forged from over three decades of distinguished experience in legal representation, specifically tailored to assist those grappling with substance use and mental health disorders.

Navigating the complexities and sensitivities of guardianship cases requires more than legal expertise; it demands an emotional quotient and a humane approach deeply embedded in our Guardianship Attorneys practice. We do more than represent you; we become an intrinsic part of your journey, extending an unyielding support system that stands resiliently beside you, day or night, to safeguard against unlawful detainments and to assure the rightful establishment and protection of guardianships. Our dedication goes beyond traditional legal counsel, evolving into a partnership that walks alongside you toward a hopeful, stable future.

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