Adult Guardianship in Florida
Reviewed by DocDraft Legal Team - Florida - Last updated October 9, 2026
In Florida the role is called guardian, not conservator, and a guardian may be appointed for the person, the property, or both. The petition goes to the circuit court, usually its probate division, under Chapter 744, Florida Statutes, and the adult is called the alleged incapacitated person until the court rules. Incapacity must be established by clear and convincing evidence under s. 744.331(5)(c). Florida does not rely on a single doctor's letter: the court appoints a three-member examining committee, one of whom must be a psychiatrist or other physician, and the court appoints an attorney for the person in all cases involving a petition for adjudication of incapacity. A guardian may be appointed only if the court finds no alternative to guardianship will sufficiently address the problems of the incapacitated person.
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What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Florida?
Under s. 744.102(12), an incapacitated person has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person. Under s. 744.331(5)(c), the partial or total incapacity must be established by clear and convincing evidence.
Which court hears an adult guardianship case in Florida, and is there a set form?
The petition is filed in the circuit court, usually its probate division (s. 744.102(5)). Section 744.3201(2) sets what the verified petition must state. Ask the circuit court clerk which petition forms the court uses, because the clerk's local requirements control.
Is a doctor's report required for guardianship in Florida?
The petitioner does not supply the medical evidence. Within 5 days after the petition is filed, the court appoints a three-member examining committee, and one member must be a psychiatrist or other physician (s. 744.331(3)). Each member must file a report with the clerk within 15 days after appointment.
What rights does a person have in a Florida guardianship case?
Notice of the petition must be served on and read to the person, and given to their attorney. The court appoints an attorney in all cases involving a petition for adjudication of incapacity. The person must attend the hearing unless they or their attorney waive it or good cause is shown.
How Florida handles adult guardianship
Florida calls the appointee a guardian, either of the person, of the property, or both, and the adult is the alleged incapacitated person until the court rules and the ward afterward. A plenary guardian holds all delegable rights, while a limited guardian holds only the rights the court specifies, and the court may remove only those rights the person lacks the capacity to exercise (s. 744.331(6)). Incapacity must be shown by clear and convincing evidence. The medical evidence comes from a three-member examining committee the court appoints within 5 days after the petition is filed, with one member a psychiatrist or other physician, and each member's report is due within 15 days after appointment. The court appoints an attorney for the person in all cases involving a petition for adjudication of incapacity, and Florida has no court visitor or investigator in this process. The distinctive feature is the required finding on alternatives: a guardian may not be appointed if the court finds an alternative to guardianship will sufficiently address the problems of the incapacitated person.
Relevant Laws
Fla. Stat. s. 744.102 (Definitions)
Defines the court as the circuit court, a guardian as a person appointed by the court to act on behalf of a ward's person or property, or both, and an incapacitated person as one judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.
Fla. Stat. s. 744.3201 (Petition to determine incapacity)
Sets the contents of the verified petition, including whether the person uses supported decisionmaking and why it is insufficient.
Fla. Stat. s. 744.331 (Procedures to determine incapacity)
Covers notice and service, the appointment of counsel, the three-member examining committee and its reports, the adjudicatory hearing, the clear and convincing evidence standard, and the alternatives finding.
Florida Courts guardianship resources
The Florida courts guardianship resource page. The circuit court clerk can say which local forms the court uses.
Regional Variances
Florida adult guardianship requirements
Court
Circuit court (s. 744.102(5)), usually its probate division. Chapter 744, Fla. Stat.
Terms used
Guardian, not conservator: guardian of the person, of the property, or both. Plenary guardian (all delegable rights) or limited guardian (only rights the court specifies). The adult is the alleged incapacitated person, then the ward (s. 744.102).
Petition form
A verified petition whose contents are set by s. 744.3201(2). Ask the circuit court clerk which petition forms the court uses; the court's requirements control.
Incapacity standard and proof
Lacks the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person (s. 744.102(12)). Established by clear and convincing evidence (s. 744.331(5)(c)).
Medical or evaluator report
Court appoints a three-member examining committee within 5 days after the petition is filed, one a psychiatrist or other physician. Each member files a report within 15 days after appointment (s. 744.331(3)). If a majority finds no incapacity in any respect, the court must dismiss the petition (s. 744.331(4)).
Notice and service
Notice and copies of the petition must be served on and read to the alleged incapacitated person, given to their attorney, and served on all next of kin (s. 744.331(1)). Reports are served by the clerk within 3 days of receipt and at least 10 days before the hearing, waivable if reports are incomplete.
Right to counsel
Always: the court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity. The person may substitute their own attorney. Counsel is also appointed for emergency temporary guardianship (s. 744.3031(1)). No court visitor or investigator is used; the committee examines the person.
Hearing
At least 10 days (waivable) but no more than 30 days after the last committee report is filed, unless good cause. The person must be present unless they or their attorney waive it or good cause is shown (s. 744.331(5)).
Less restrictive alternatives
A guardian may not be appointed if the court finds an alternative that will sufficiently address the problems of the incapacitated person (s. 744.331(6)(b)). A trust or durable power of attorney is not treated as an alternative if an interested person files a verified good-faith statement that it is invalid. Limited guardianship is preferred (s. 744.1012).
Emergency guardianship
Only after a petition to determine incapacity is filed and the court finds imminent danger of serious impairment of health or safety, or of property being wasted, misappropriated, or lost. Lasts 90 days or until a guardian is appointed, whichever is first; one additional 90 days if emergency conditions still exist (s. 744.3031).
Bond and reports
Only a guardian of the property files bond, waivable for compelling reasons (s. 744.351). Initial report within 60 days after letters are signed (s. 744.362). Annual plan within 90 days after the last day of the anniversary month of letters, or April 1 if calendar-year filing; annual accounting by April 1 (s. 744.367).
Suggested Compliance Checklist
Weigh alternatives to guardianship
Before filing days after startingFlorida courts must find whether an alternative to guardianship will sufficiently address the problems of the incapacitated person, and may not appoint a guardian if one will. A durable power of attorney or a trust may serve as an alternative. The petition must also say whether the person uses supported decisionmaking and why it is insufficient.
File the verified petition to determine incapacity
At filing days after startingFile in the circuit court, usually its probate division, with the contents required by s. 744.3201(2). Ask the circuit court clerk which petition forms the court uses, because local requirements control.
Serve notice on the person, their attorney and next of kin
After filing days after startingNotice of the petition and copies of the petition must be served on and read to the alleged incapacitated person, given to their attorney, and served on all next of kin. Ask the clerk how service is arranged and what notice period applies in your circuit.
Track the committee reports and hearing
Committee appointed within 5 days after filing days after startingEach committee member's report is due within 15 days after appointment. The clerk serves the reports within 3 days of receipt and at least 10 days before the hearing, waivable if reports are incomplete. Written objections are due 5 days before the hearing, and the hearing is held at least 10 days (waivable) but no more than 30 days after the last report, unless good cause.
Post bond if required and file the initial report
Bond before exercising authority; report within 60 days after letters days after startingA guardian of the property files bond before exercising authority unless the court waives it for compelling reasons. The initial guardianship report is a verified inventory for a guardian of the property and an initial guardianship plan for a guardian of the person. Annual plan and accounting deadlines then apply under s. 744.367.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh alternatives to guardianship | Florida courts must find whether an alternative to guardianship will sufficiently address the problems of the incapacitated person, and may not appoint a guardian if one will. A durable power of attorney or a trust may serve as an alternative. The petition must also say whether the person uses supported decisionmaking and why it is insufficient. | durable-power-of-attorney | Before filing |
| File the verified petition to determine incapacity | File in the circuit court, usually its probate division, with the contents required by s. 744.3201(2). Ask the circuit court clerk which petition forms the court uses, because local requirements control. | - | At filing |
| Serve notice on the person, their attorney and next of kin | Notice of the petition and copies of the petition must be served on and read to the alleged incapacitated person, given to their attorney, and served on all next of kin. Ask the clerk how service is arranged and what notice period applies in your circuit. | - | After filing |
| Track the committee reports and hearing | Each committee member's report is due within 15 days after appointment. The clerk serves the reports within 3 days of receipt and at least 10 days before the hearing, waivable if reports are incomplete. Written objections are due 5 days before the hearing, and the hearing is held at least 10 days (waivable) but no more than 30 days after the last report, unless good cause. | - | Committee appointed within 5 days after filing |
| Post bond if required and file the initial report | A guardian of the property files bond before exercising authority unless the court waives it for compelling reasons. The initial guardianship report is a verified inventory for a guardian of the property and an initial guardianship plan for a guardian of the person. Annual plan and accounting deadlines then apply under s. 744.367. | - | Bond before exercising authority; report within 60 days after letters |
Frequently Asked Questions
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