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Guardianship is the process of appointing a legal guardian to make decisions for someone who is not in the mental or physical state to make proper decisions for themselves. Although guardianship is often thought of as the court proceeding of taking legal responsibility for a child or minor, often guardianship involves adults who have reached the point of incapacity.

There are many reasons why people may lose capacity to make their own decisions, whether it is unplanned or sudden mental or physical illness, or ailments that come up with old age.  But when your loved one is making unsafe decisions that put them at risk it might be time to seek guardianship.


To establish guardianship, you must petition the court to be named as the guardian. As the guardian, you will assume full responsibility of overseeing the well being of the person, estate, or both. This is a court-driven process that can be burdensome and costly. In the absence of a power of attorney this is your best chance to ensure your loved ones physical and financial security is being cared for. Guardianship allows someone else to act upon your incapacitated loved ones behalf, from managing financial assets to making health care decisions.


Over the years, our firm has helped families and individuals seek out as well as contest a court-order action to establish a guardian. Our firm understands that choosing to undergo the process of establishing guardianship is not an easy decision to make, which is why we're committed to reaching the best solution to fit your family's needs.

Contact Us Today

Our firm is committed to answering your questions about Elder Law issues in Florida. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Krista L. Rush, P.A.
Mon: 09:00am - 05:00pm
Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
Thu: 09:00am - 05:00pm
Fri: 09:00am - 05:00pm