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 Lake County families understand their options, pursue guardianship when it’s truly needed, and avoid it when there’s a better path.
Guardianship cases for Lake County residents are heard at the Lake County Judicial Center in Tavares.
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 Lake County
About 1 in 8 Lake County residents is 75 or older. Once an older adult has lost capacity, no power of attorney or other document can be signed, and guardianship is the only path left.
Guardianship is also an ongoing expense. Beyond the cost to set it up, there are legal fees for as long as it lasts. Before assuming the window has closed, though, it’s worth checking. A urinary tract infection, for example, can temporarily worsen cognitive function, and signing may be possible once the person stabilizes.
Lake County guardianship cases are handled in Tavares. We file the petition there, prepare your family for the hearing and keep you informed from start to finish.
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
Which documents should a family sign first after a parent’s dementia diagnosis? Cary Moss names four: a durable power of attorney, a HIPAA release, a living will and a health care surrogate designation. She also walks through Florida guardianship on this episode of Life, Legacy & Wealth, from the court process and timeline to the typical costs.
Why Lake County 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 50 minutes from Tavares.
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 Lake County
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Medicaid Planning · Lake County
Guardianship Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County
Directions to Our Office From Lake County
Talk to a Guardianship Attorney Serving Lake County
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.