When someone can no longer manage their own health care or finances, and hasn’t signed documents naming someone to act for them, a Florida court may need to appoint a guardian. It’s a serious step that removes some or all of a person’s legal rights, and the process has strict requirements. Sawyer & Sawyer, P.A. helps Winter Park families understand their options, pursue guardianship when it’s truly needed, and avoid it when there’s a better path.
Guardianship cases for Winter Park residents are heard at the Orange County Courthouse in downtown Orlando.
When Guardianship May Be Needed
- An adult has lost capacity through dementia, illness or injury, with no power of attorney or health care surrogate in place
- A young adult with a developmental disability turns 18 and needs help making decisions
- A minor’s parents have passed away or can’t care for them, or a minor receives an inheritance or settlement of more than $15,000
How the Process Works
To decide whether a person is incapacitated, the court appoints a three-member examining committee to evaluate them, along with an attorney to represent them. Florida courts must consider less restrictive alternatives first, and a guardian may be given only the powers the person actually needs. For adults with developmental disabilities, a guardian advocate can be a simpler alternative to full guardianship.
Planning Ahead to Avoid Guardianship
The best way to spare your family a guardianship is to plan ahead. A durable power of attorney, a health care surrogate designation and often a revocable living trust let the people you choose step in without going to court.
Guardianship in Winter Park
About 12% of Winter Park residents are 75 or older. If long-term care is ever needed, a durable power of attorney with the right enhanced powers lets trusted family members put planning strategies in place quickly if capacity is lost.
Without one, a guardianship may have to come first. A guardianship significantly limits what an elder law attorney can do to protect a person’s assets during a long-term care crisis, so the planning options narrow.
When a guardianship is needed, the hearing at the Orange County Courthouse in downtown Orlando is usually held four to six weeks after the petition is filed. We prepare the filing, keep you informed, and help your family get ready for the hearing.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Power of Attorney and Dementia: What Florida Families Must Sign Before It’s Too Late
Dementia patients are frequent targets for financial exploitation. On Life, Legacy & Wealth, Cary Moss explains how scams target people with dementia, then lays out practical steps families can take now: monitoring accounts, freezing credit and watching for warning signs. She also explains the guardianship process and which documents to sign first after a diagnosis.
Why Winter Park Families Work With Sawyer & Sawyer
Sawyer & Sawyer, P.A. is a family firm that has served Central Florida since 1994. We treat every client as an extension of our family, and we focus on people before the paperwork.
- Cary L. Moss, Esq., Managing Partner. Concentrates on estate settlement, probate, trust administration, long-term care planning and estate planning. Served five years on the Board of Directors of the Academy of Florida Elder Law Attorneys, including a term as president.
- Thomas P. Moss, Esq., Senior Attorney. Focuses on estate planning, guardianship and estate settlement. Former Co-Chair of the Orange County Bar Association’s Estate, Guardianship and Trust Law Committee.
Our office at 8913 Conroy Windermere Road in Orlando is about 30 minutes from Winter Park.
Frequently Asked Questions
Who can serve as a guardian?
Generally a Florida resident age 18 or older, or certain close relatives who live out of state. Guardians must complete required training and file reports with the court.
Why do families try to avoid guardianship?
Guardianship is more expensive and time-consuming, and it gives the family far less control than having the right documents in place. Once a guardian is appointed, any significant financial decision may require court approval. Guardianship can still be the right tool, such as when financial abuse needs court oversight to stop it or when someone has no trusted person to name in a legal document.
Do we need a HIPAA release if there’s already a health care surrogate?
Yes. Medical staff can’t share a patient’s health information with anyone the patient hasn’t specifically authorized, and that includes spouses and adult children. Even with a health care surrogate and a living will in place, doctors may be legally prevented from discussing your loved one’s care with family members who aren’t named in a HIPAA release.
Related Reading
- Is This Dementia?
- Is Your Child 18? Here Are Legal Documents Young Adult Children Should Have in Place
- Crisis Planning: Immediate Steps When Dementia Strikes a Parent
Other Services in Winter Park
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Medicaid Planning · Winter Park
Guardianship Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Winter Park
Talk to a Guardianship Attorney Serving Winter Park
Call (407) 909-1900 or send us a message to set up a consultation. Our office is open Monday through Thursday, 9 AM to 5 PM, and Friday, 9 AM to 12 PM.