Guardianship Attorney in Pembroke Pines

Compassionate guardianship attorney working with families to protect their loved ones.

Guardianship attorneys help families in Pembroke Pines establish legal authority to make decisions for loved ones who can no longer care for themselves. At Carol L. Grant, P.A., we guide families through Florida's guardianship process with compassion and clarity. Whether you need to protect an aging parent, an incapacitated adult, or plan for your minor children's future, we provide focused representation across Broward County and Miami-Dade County. Our approach combines legal knowledge with genuine care for the people we serve. If you're facing a situation where guardianship may be necessary, call us at (954) 404-8274 to discuss your options.

What Our Clients Say

Real families, real experiences, real peace of mind

Who We Help With Guardianship Matters

We help clients who are dealing with difficult family situations that require court intervention. You may need a guardianship attorney if you're caring for an elderly parent with dementia who can no longer manage finances, supporting an adult child with disabilities who needs ongoing assistance, worried about who will care for your minor children if something happens to you, facing an emergency where a loved one's safety or assets are at immediate risk, or navigating the complex process of becoming a legal guardian in Florida. These situations often come with emotional weight and legal complexity, and you don't have to handle them alone.

Our Guardianship Attorney Services

Guardianship law covers different types of cases depending on who needs protection and what level of authority is required. We handle each type with the same level of care and attention to detail.

Incapacity Determination and Petition Filing

The first step in any guardianship case is proving that the person in question, called the ward, is truly incapacitated and unable to manage their own affairs. Florida law requires a formal determination of incapacity, which involves medical evaluations and testimony before the court will appoint a guardian. This process can feel overwhelming, especially if you're already dealing with the stress of a loved one's declining health or sudden medical crisis.

Carol helps families understand what documentation is needed, coordinates with medical professionals to obtain the required evaluations, and prepares the petition for guardianship to file with the Broward County court. She walks you through what to expect during hearings and ensures that your petition is thorough, accurate, and filed in compliance with Florida statutes. Whether your loved one is suffering from dementia, a traumatic brain injury, or another condition that affects their decision-making ability, Carol provides the legal support needed to move forward with confidence.

Guardianship of an Adult

When an adult becomes incapacitated due to illness, injury, cognitive decline, or other medical conditions, they may need someone to manage their personal and financial affairs. Adult guardianship is a legal process that grants authority to a guardian to make decisions about healthcare, living arrangements, and finances on behalf of someone who can no longer do so safely on their own.

In Pembroke Pines and across Broward County, families often seek adult guardianship for elderly parents with Alzheimer's or dementia, adults who have suffered strokes or brain injuries, or individuals with severe mental illness. Carol guides families through Florida's guardianship process, helping you understand the responsibilities involved and ensuring the petition is properly prepared and filed. She works to protect your loved one's rights while establishing the legal framework needed to keep them safe and cared for.

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Guardianship of Minors

When parents pass away, become incapacitated, or are otherwise unable to care for their children, the court may appoint a guardian to step in and provide for the child's needs. Guardianship of minors is often necessary in situations involving the death of a parent, parental incapacity, or when a parent voluntarily consents to guardianship due to personal circumstances.

In Pembroke Pines and surrounding areas, families turn to Carol when they need help establishing legal guardianship over a minor child. She assists with preparing the petition, representing your interests in court, and ensuring the guardianship arrangement prioritizes the child's safety and stability. If you're a grandparent, aunt, uncle, or family friend stepping up to care for a child, Carol can help you secure the legal authority to make medical, educational, and financial decisions on their behalf.

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Emergency Guardianship

Sometimes, a crisis happens without warning. A loved one may suffer a stroke, be hospitalized after an accident, or experience a sudden mental health emergency that leaves them unable to make decisions. In these urgent situations, waiting weeks or months for a full guardianship proceeding isn't an option.

Florida allows for emergency guardianship when immediate action is needed to protect someone's health, safety, or assets. This expedited process grants temporary authority to a guardian for up to 90 days while a full guardianship case moves forward. Carol helps families in Pembroke Pines act quickly to file emergency petitions, gather the necessary medical documentation, and appear before the court to secure temporary guardianship. She understands the urgency these situations demand and works to protect your loved one's well-being without delay.

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Limited Guardianship

imited guardianship allows a judge to grant decision-making authority over only the specific areas where someone truly needs help, while letting them keep control over the parts of their life they can still manage on their own. It's designed for situations where a person has some capacity but needs support with finances, medical decisions, or other defined responsibilities. We help families present clear evidence to the court, identify which rights should be preserved, and set up a guardianship arrangement that respects the individual's independence as much as possible. If full guardianship feels like too much control, limited guardianship offers a more balanced solution that still provides the protection your loved one needs.

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Plenary Guardianship

Plenary guardianship grants full legal authority over all personal and financial decisions for someone who can no longer manage any aspect of their own care. This is the most comprehensive form of guardianship in Florida and is typically used when an individual is completely incapacitated due to dementia, severe disability, or other conditions that prevent them from making safe decisions. We guide families through the entire court process, filing the petition, coordinating the examining committee, presenting evidence of incapacity, and ensuring the guardian is properly appointed with clear legal authority. If your loved one needs complete protection and can't safely handle any decisions on their own, plenary guardianship provides the legal framework to step in and act on their behalf.

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Guardian Advocacy

Guardian advocacy is a specialized form of guardianship designed for adults with developmental disabilities who need help managing certain aspects of their lives but may not require full guardianship. This process is less restrictive than plenary guardianship and is often used for individuals with intellectual disabilities, autism, cerebral palsy, or other developmental conditions that impact their ability to make fully informed decisions.

In Florida, guardian advocacy allows families to seek court approval to assist with specific areas, such as healthcare decisions, financial management, or residential placement, while respecting the individual's rights and autonomy as much as possible. Carol works closely with families in Pembroke Pines and across South Florida to establish guardian advocacy arrangements that provide the right level of support without unnecessarily limiting the individual's independence. She also helps families understand how guardian advocacy interacts with Special Needs Trusts and government benefits like SSI and Medicaid.

Annual Guardianship Reporting and Compliance

Once a guardian is appointed, Florida law doesn't simply step back. Guardians are required to file annual reports with the court detailing the ward's condition, living situation, and how their assets are being managed. These reports, called annual guardianship plans and annual accountings, are mandatory and must be filed on time to remain in good standing with the court.

Many guardians feel uncertain about what needs to be included in these reports or how to document expenses and financial transactions properly. Carol provides ongoing support to guardians in Pembroke Pines and throughout Broward County, helping them prepare accurate reports, maintain proper records, and meet all court deadlines. She also assists with any required updates to the guardianship plan as the ward's needs change over time. Having an attorney on your side ensures you stay compliant with Florida's strict guardianship rules and avoid any issues that could jeopardize your role as guardian.

Why Choose Carol L. Grant, P.A. for Guardianship Matters

Carol L. Grant has dedicated decades to helping South Florida families protect their most vulnerable members. She understands that guardianship cases involve more than legal paperwork, they involve real people facing difficult transitions. Her practice combines technical knowledge of Florida guardianship law with genuine compassion for families under stress.

We're familiar with the judges, procedures, and requirements in Broward and Miami-Dade County courts. This local knowledge helps us anticipate issues, prepare stronger petitions, and move cases forward efficiently. We explain the process in plain language, answer questions promptly, and provide realistic guidance about timelines and costs.

Every guardianship plan we create focuses on your loved one's actual needs and capabilities. We work to establish only the level of authority necessary, preserving independence wherever possible. Our clients receive personalized attention throughout the process, not a one-size-fits-all approach.

How Our Guardianship Process Works

Initial Consultation

We start by listening to your situation and understanding what's happening with your loved one. You'll explain the challenges you're facing, and we'll assess whether guardianship is the right solution or if alternatives might work better. We discuss the different types of guardianship, explain Florida's requirements, and answer your immediate questions. This consultation helps you make an informed decision about next steps.

Petition Preparation and Filing

If guardianship is appropriate, we prepare a detailed petition that explains why guardianship is necessary and provides supporting evidence. This includes gathering medical records, identifying the proposed ward's next of kin, and documenting specific instances that demonstrate incapacity. We file the petition with the appropriate court and ensure all required parties receive proper notice.

Examining Committee and Court Proceedings

Florida requires a three-member examining committee to evaluate the alleged incapacitated person. We coordinate this process and work with the court-appointed attorney who represents your loved one. We prepare you for the incapacity hearing, present evidence supporting the need for guardianship, and advocate for the arrangement that best serves your family's needs.

Guardian Appointment and Initial Compliance

Once the court appoints you as guardian, we help you complete the oath, post any required bond, and file your initial guardianship plan or inventory. These documents must be submitted within specific deadlines, and we make sure you understand exactly what's required.

Ongoing Support

Guardianship doesn't end with an appointment. We provide continued assistance with annual reporting requirements, court approval for major decisions, modifications if circumstances change, and any issues that arise during the guardianship. You'll have reliable guidance throughout your service as guardian.

Important Things to Know About Guardianship in Florida

Florida guardianship law is governed by Chapter 744 of the Florida Statutes and involves court supervision to protect vulnerable individuals. Guardianship is considered a last resort, Florida courts prefer less restrictive alternatives when possible. Before appointing a guardian, the court must find clear and convincing evidence that the person is incapacitated and unable to make some or all decisions about their care or property.

The process requires a three-member examining committee to conduct comprehensive physical, mental health, and functional assessments of the alleged incapacitated person. Each member must personally examine the individual and file a detailed report with the court. The person being evaluated has the right to legal representation throughout the proceedings.

Florida distinguishes between guardianship of the person (making personal and medical decisions) and guardianship of the property (managing financial affairs). You can be appointed to one role, both roles, or the court may appoint different people for each responsibility.

Guardians have significant legal duties. You must act in the ward's best interest, consider their expressed wishes when making decisions, file annual guardianship plans or accountings, and obtain court approval before making certain major decisions like selling property or changing residence. Failing to meet reporting deadlines or fulfill your duties can result in contempt, removal, or personal liability.

For minor settlements exceeding $15,000, Florida law requires court-supervised guardianship. Natural parents cannot simply receive these funds, a guardian of the property must be appointed and funds are typically placed in restricted accounts.

Rights can be restored if the ward regains capacity. Any interested person can file a suggestion of capacity, which triggers a medical evaluation and potentially a hearing to determine whether some or all rights should be returned

Frequently Asked Questions About Guardianship in Florida

When is guardianship necessary in Florida?

Guardianship becomes necessary when someone can no longer make or communicate informed decisions about their personal care, medical treatment, or property, and no less restrictive alternative exists. Common situations include elderly adults with advanced dementia, adults who suffered traumatic brain injuries or strokes, individuals with severe mental illness affecting decision-making capacity, and people with developmental disabilities who need ongoing assistance. The court must determine that the person is incapacitated based on medical evidence before appointing a guardian. If someone has already established a power of attorney or healthcare surrogate while they had capacity, those documents may eliminate the need for guardianship.

What's the difference between limited and plenary guardianship?

Plenary guardianship gives the guardian full authority over all delegable rights when someone is completely incapacitated across all areas. Limited guardianship only removes specific rights that the person cannot exercise, while letting them keep control over areas where they still have capacity. Florida law prefers limited guardianship whenever possible because it preserves maximum independence and dignity. For example, someone might need a guardian to handle complex financial matters but can still make their own decisions about daily activities, social relationships, and where they live. The court order must spell out exactly which rights are delegated to the guardian and which ones the ward retains.

How long does the guardianship process take in Florida?

Regular guardianship proceedings typically take two to four months from filing the petition to final appointment, though contested cases can take much longer. The court must appoint the examining committee within five days of receiving the petition, and committee members generally complete their evaluations within a few weeks. After the incapacity hearing and guardian appointment, you'll need to file an initial guardianship plan within 60 days. Emergency temporary guardianships can be established much faster, sometimes within 24 to 48 hours when immediate danger exists, but these only last up to 90 days and require a separate proceeding to establish permanent guardianship.

Who can serve as a guardian in Florida?

Any Florida resident who is at least 18 years old and mentally competent can serve as guardian. Non-residents can only serve if they're related to the ward by blood, adoption, or marriage. Florida law disqualifies anyone who has been convicted of a felony, found guilty of abuse or neglect of a child, or determined unable to perform guardian duties due to illness or substance abuse. The court gives preference to relatives, people with relevant experience, those who can manage the ward's finances, and individuals named in a preneed guardian designation. Professional guardians who serve multiple unrelated wards face additional requirements including registration, background screening, bonding, and continuing education.

What are my responsibilities as a guardian?

Guardians must act in the ward's best interest at all times and consider the ward's expressed wishes when making decisions. You're required to file annual guardianship plans (if guardian of the person) or annual accountings (if guardian of the property) by specific deadlines. These reports detail the ward's current condition, living situation, medical care, and how you've managed their finances. You must obtain court approval before taking major actions like selling property, moving the ward to another county, or settling legal claims. Guardians are held to a fiduciary standard, the same level of care a prudent person would use managing someone else's affairs. Failing to file required reports, mismanaging assets, or not acting in the ward's best interest can result in removal, contempt charges, or personal financial liability.

How much does guardianship cost in Florida?

Initial guardianship costs typically range from $2,000 to $6,000 or more, depending on whether the case is contested. This includes court filing fees ($400 for guardianship of person and property, $235 for person only), examining committee fees ($500 to $1,500), attorney fees, and bond premiums if required. Annual maintenance costs add another $1,000 to $3,000 or more, covering attorney fees for preparing reports, accounting fees if needed, bond premiums, and court audit fees. Court filing fees for the initial petition are $400 for guardianship of both person and property, or $235 for guardianship of the person only. The examining committee typically costs $500 to $1,500 total. Attorney fees vary based on complexity but uncontested cases generally run $3,000 to $5,000. These costs are usually paid from the ward's estate if sufficient assets exist.

Can guardianship be avoided with proper planning?

Yes, proper advance planning can often eliminate the need for guardianship. A durable power of attorney lets you designate someone to handle financial matters if you become incapacitated, while a healthcare surrogate appointment and living will address medical decisions. These documents take effect when needed but can be created while you still have capacity. You can also create a revocable living trust that includes disability provisions, designate a preneed guardian who will have preference if guardianship becomes necessary, or set up special needs trusts for family members with disabilities. The key is creating these documents before incapacity occurs. Once someone loses capacity, it's too late for them to sign planning documents, and guardianship may become the only option.

What is guardian advocacy and how is it different from guardianship?

Guardian advocacy is a simplified process specifically for individuals with developmental disabilities like intellectual disabilities, cerebral palsy, autism, or Down syndrome. Unlike regular guardianship, guardian advocacy doesn't require a formal adjudication of incapacity or the three-member examining committee. The process is often voluntary or semi-voluntary, costs less in filing fees ($235 for person only, $400 for person and property), and allows family members to petition without hiring their own attorney. However, the court still appoints an attorney to represent the person with disabilities. Guardian advocates have the same powers, duties, and responsibilities as traditional guardians, including filing requirements and fiduciary obligations. This option works well for families supporting adults with developmental disabilities who need ongoing assistance but don't require the full guardianship process.

Can guardianship rights be restored?

Yes, Florida law allows for restoration of rights when a ward regains capacity. The ward or any interested person can file a suggestion of capacity explaining which rights should be restored and providing supporting evidence. The court appoints a physician to examine the ward and file a report. If no one objects and the physician supports restoration, the court can restore rights within 30 days. If someone objects or the physician recommends against restoration, a hearing is held where the ward can present evidence of regained capacity. The court may restore all rights (ending the guardianship) or restore some rights while maintaining guardianship over others. Successful restoration cases typically involve medical evidence showing improved cognitive function, testimony from treating doctors, and examples of the ward's current decision-making abilities.

What happens if a guardian isn't doing their job properly?

Florida law provides several mechanisms to address guardian misconduct or neglect. Any interested person can file a petition to remove a guardian based on grounds including failure to discharge duties, abuse of powers, mismanagement of the ward's property, failure to file required reports, or development of a conflict of interest. The court can remove the guardian, require them to file a final accounting, and appoint a successor guardian to protect the ward. Guardians who waste or embezzle ward assets can be surcharged (held personally liable for losses). Serious violations can result in contempt charges or criminal prosecution. The court also conducts audits of guardianship accountings, and clerks must flag problems for judicial review. If you suspect guardian abuse or neglect, you can report it to the court, the Office of Public and Professional Guardians, or adult protective services.

Serving Pembroke Pines and Surrounding South Florida Communities

Our office is located in Pembroke Pines, and we proudly serve families throughout Broward and Miami-Dade counties, including:

No matter where you live in the region, we're here to help you build a plan that can protect your family and reflect your values.

Speak With a Guardianship Attorney in Pembroke Pines

If you're considering guardianship for a loved one or need help understanding your options, contact Carol L. Grant, P.A. today. We offer a free initial consultation where we'll listen to your situation, explain how Florida guardianship law applies to your case, and discuss the best path forward. You don't have to navigate this process alone. Call us at (954) 404-8274 to schedule your consultation. There's no obligation, and we'll give you honest guidance about whether guardianship is right for your family.