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 Windermere families understand their options, pursue guardianship when it’s truly needed, and avoid it when there’s a better path.
Guardianship cases for Windermere 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 Windermere
About 1 in 13 Windermere residents is 75 or older. If an adult loses the ability to manage their own affairs without the right documents in place, a court may have to appoint a guardian before anyone can act for them.
A revocable living trust can keep part of that out of court. If you become incapacitated, the successor trustee you named takes over your trust assets right away, with no court involvement. A durable power of attorney works alongside the trust. It takes effect the day it’s signed and stays valid if you later lose capacity.
Any incapacity in the family is a reason to review your own plan, and even without one, we suggest a review every three to five years. If a guardianship case is still needed, it goes to the courthouse in downtown Orlando, and we guide your family through it.
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
As parents of two sons, Cary Moss and Tom Moss have been through this step themselves, not only as attorneys. This Life, Legacy & Wealth episode explains why they got their own son’s paperwork done the moment he turned 18. On that birthday, a parent’s legal right to make any decision for their child ends. The episode covers the four documents that let a young adult name who can act for them.
Why Windermere 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 5 minutes from Windermere.
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 Windermere
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Medicaid Planning · Windermere
Guardianship Across Central Florida
Orlando · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Windermere
Talk to a Guardianship Attorney Serving Windermere
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.