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 Horizon West families understand their options, pursue guardianship when it’s truly needed, and avoid it when there’s a better path.
Guardianship cases for Horizon West 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 Horizon West
About 2% of Horizon West residents are 75 or older. Guardianship isn’t only a question for older adults, though. Any adult who loses capacity, whether through illness or injury, may need a guardian if they haven’t signed documents naming someone to act.
A health care surrogate designation doesn’t require a terminal diagnosis. It can apply whenever a person can’t speak for themselves, even for a short time, such as after surgery or an accident. Without powers of attorney or a successor trustee, loved ones may be pushed into a costly, time-consuming guardianship.
Horizon West is part of unincorporated Orange County, so a guardianship case here is filed in Orange County. We prepare the documents that can keep your family out of court, and if the court route can’t be avoided, we take care of the filing and each step after it.
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
How does a guardianship actually work in Florida? Cary Moss answers that on Life, Legacy & Wealth, walking through the court process and a timeline of about four to six weeks. The episode is built around the first weeks after a parent’s dementia or Alzheimer’s diagnosis, including which documents to sign first, so listeners come away clear on which steps to take.
Why Horizon West 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 Horizon West.
Frequently Asked Questions
Is guardianship permanent?
Not necessarily. The guardian reports to the court every year, and a person’s rights can be restored if their condition improves.
Will a power of attorney from another state, or a form from the internet, work in Florida?
Not always. Florida’s durable power of attorney has special powers that must each be initialed separately, and out-of-state documents almost never include them. Online forms often aren’t signed correctly and may be missing language needed for long-term care planning. A power of attorney without the right language can be nearly as problematic as having none.
My child is turning 18. Can I still make decisions for them?
Not without the right documents. At 18, the law treats your child as an independent adult, so you can’t see their medical records or make financial decisions for them without their written authorization. A durable power of attorney, health care surrogate designation, living will and HIPAA release fix this. Without them, a family may have to go through a court guardianship, which costs significantly more.
Related Reading
- What to Do in the First Weeks After a Dementia Diagnosis
- Estate Planning in Florida for Young Adults
- Is This Dementia?
Other Services in Horizon West
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Medicaid Planning · Horizon West
Guardianship Across Central Florida
Orlando · Windermere · Winter Garden · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Horizon West
Talk to a Guardianship Attorney Serving Horizon West
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.