Guardianship Attorneys in Sarasota
Elder Law Counsel for Families Navigating Florida Guardianship
Guardianship is a court-supervised legal process designed to protect individuals who can no longer manage their own financial or personal affairs due to physical or mental incapacity. For most Sarasota families, it arises when an aging parent develops dementia, suffers a serious medical event, or loses the ability to make safe decisions independently. Florida law treats guardianship as a last resort, pursued only when less restrictive alternatives such as powers of attorney and advance directives are unavailable or have proven insufficient.
We’ve served Sarasota-area families with elder law and guardianship matters since 1983, and our boutique firm structure means every case receives focused, dedicated attention rather than volume-based handling. Families who come to us during a guardianship crisis don’t get shuffled to a generalist. They work with attorneys whose practice is built around exactly these situations.
Seeking guardianship to protect your loved one? Contact us online to get started on your case with our experienced Sarasota guardianship lawyers.
Types of Guardianship Under Florida Law
Florida Chapter 744 governs guardianship proceedings and provides for several distinct forms depending on the individual’s circumstances and the degree of incapacity the court finds.
Limited Guardianship
A limited guardianship applies when the court determines the individual retains the ability to manage some but not all aspects of their life. The guardian’s authority is restricted to only those areas the court specifically identifies, leaving the person’s remaining rights intact.
Plenary Guardianship
A plenary guardianship applies when the court finds the individual fully incapacitated and unable to exercise any of the legal rights identified by the examining committee. The guardian assumes broad decision-making authority across financial, residential, and medical matters.
Guardian Advocate
A guardian advocate is a distinct mechanism available for adults with developmental disabilities who lack the capacity to perform some, but not all, of the tasks necessary to care for their person or estate. It allows a family member or trusted person to be appointed without a full incapacity determination, making it a less intrusive path when appropriate.
Does Guardianship Override a Power of Attorney?
Unless the terms of the guardianship are limited to certain areas, the answer is generally yes, a guardianship overrides a power of attorney. Once guardianship is established, the power of attorney may no longer have further effect.
This often surprises families who took the preventative step of securing a power of attorney, only to find it can’t override the person’s own directions. When someone signs a power of attorney, they haven’t surrendered their right to make their own choices. Unless and until a court removes that right, they retain it. A person experiencing dementia may be unable to recognize that they’re no longer making safe decisions. This is exactly when guardianship may become necessary.
There’s another procedural point families often miss: filing a petition to determine incapacity can affect the authority of an agent under a power of attorney. A guardianship proceeding doesn’t affect an agent’s authority to make healthcare decisions unless the court separately orders otherwise. We regularly handle situations where families assumed a power of attorney would be sufficient and later discovered that a guardianship proceeding was still required.
When Guardianship Intervention Is Required
Guardianship may become necessary in circumstances that go beyond a missing document. The most common scenarios we see include:
- No power of attorney or healthcare directive was ever executed, leaving no legal mechanism for family members to act.
- A power of attorney was obtained while the person lacked legal capacity or through undue influence, making the document legally vulnerable.
- An agent under an existing power of attorney is misusing that authority over a person with dementia or another cognitive impairment. In those cases, a guardianship proceeding can be the mechanism to remove that agent and place a court-supervised guardian in their role.
What Makes Advocates in Aging The Right Choice For You?
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Nationally Known
Testified Before Congress, Helped Draft Laws Protecting Florida’s Elders and Works with Attorneys Throughout the U.S.
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Track Record Of SuccessAs the First Elder Law Firm in Sarasota, The Best Results and Satisfaction of Our Clients are the Most Important
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Comprehensive RepresentationHighly Experienced Attorneys who are Constantly Evolving With the Newest Laws
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Free 30 Minute Case EvaluationOffering Free Consultations in Person or By Phone
Talk to a Sarasota Guardianship Attorney
Whether you’re trying to determine whether guardianship is necessary, navigating a situation where existing documents have proven insufficient, or looking for guidance after a guardian has already been appointed, we’re ready to help. We work with families throughout Sarasota, Bradenton, and surrounding Sarasota County and Manatee County communities from initial assessment through post-appointment compliance. Free consultations are available by phone or through our contact page.
Call Advocates in Aging: Law Office of Wiesner Smith today at (941) 242-7270 or contact us online to schedule a free consultation with our guardianship attorneys in Sarasota.
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