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 Orlando families understand their options, pursue guardianship when it’s truly needed, and avoid it when there’s a better path.
Guardianship cases for Orlando 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 Orlando
Nearly 5% of Orlando residents are 75 or older. When an older adult can no longer manage their own affairs, guardianship is one option, but it isn’t always the first one.
When there’s still time, we start by checking whether the right documents can be signed instead. Guardianship is more expensive and time-consuming, and it gives a family far less control.
If a court case is needed, we handle it from the petition onward. A guardian’s job doesn’t end at the hearing, though. The guardian reports to the court every year, and significant financial decisions may need the court’s approval. We make sure Orlando families understand that commitment before they take it on.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Don’t Wait Until an Emergency: Planning for 18-Year-Olds
The day a child turns 18, parents lose the legal right to make decisions for them, from medical calls to financial matters. In this episode of Life, Legacy & Wealth, Cary Moss and Tom Moss walk through the documents every young adult needs at that birthday: a durable power of attorney, a living will, a health care surrogate designation and a HIPAA release. They explain what each one covers, why to name a backup, and why waiting is a risk.
Why Orlando 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 is right here in Orlando, on Conroy Windermere Road.
Frequently Asked Questions
How long does guardianship take in Florida?
It depends on the case and the court’s schedule. Uncontested cases can often be completed in a few months. In an emergency, the court can appoint a temporary guardian sooner.
My parent was just diagnosed with dementia. Is it too late to sign legal documents?
Not necessarily. A diagnosis and a legal finding of incapacity are two separate things. What matters is whether your parent understands what they’re signing: what the document does, who they’re naming and what authority they’re giving. That window can close without warning, so talk to us as soon as possible.
Can a health care surrogate help before my parent is fully incapacitated?
Yes, if the document allows it. A health care surrogate usually steps in once a person can no longer make their own medical decisions. But Florida documents include an option that lets the surrogate help even before full incapacity, without your parent giving up control. That can help on days when illness makes it hard to manage every medical decision alone.
Related Reading
- Crisis Planning: Immediate Steps When Dementia Strikes a Parent
- What to Do in the First Weeks After a Dementia Diagnosis
- The Day Your Child Turns 18, Your Legal Authority Ends
Other Services in Orlando
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Medicaid Planning · Orlando
Guardianship Across Central Florida
Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Orlando Office
Talk to a Guardianship Attorney Serving Orlando
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.