Adult Guardianship Attorney in Pembroke Pines, FL

Adult guardianship helps families protect loved ones who can no longer make safe decisions due to dementia, stroke, mental illness, or other incapacitating conditions. At Carol L. Grant, P.A., we guide families through Florida's court-supervised guardianship process across Pembroke Pines, Fort Lauderdale, Miami, and surrounding areas with compassionate legal support that puts your loved one's safety first.

When a parent, spouse, or adult family member loses the ability to manage their medical care, finances, or daily needs, you face difficult decisions. Adult guardianship provides the legal authority you need to step in and protect them. We handle the entire process, from filing the initial petition to annual compliance reporting, so you can focus on what matters: caring for your family member. Carol Grant has spent decades helping families in Broward and Miami-Dade Counties establish guardianships that protect vulnerable adults while respecting their dignity. Call (954) 404-8274 to schedule your free consultation and learn how we can help your family.

Who Needs Adult Guardianship in Pembroke Pines?

You need adult guardianship when a loved one can no longer make decisions about their health, finances, or personal care due to incapacity. Common situations include elderly parents with advanced dementia who are vulnerable to financial exploitation, adults with traumatic brain injuries who cannot manage their own affairs, family members with severe mental illness refusing needed treatment, or stroke survivors unable to communicate their wishes. Families across Pembroke Pines, Davie, Cooper City, and Miramar turn to guardianship when a loved one's safety is at risk and no other legal documents like power of attorney were created beforehand. If your family member is making dangerous decisions, wandering, giving away money inappropriately, or refusing medical care they desperately need, guardianship may be the protective step you need to take.

What to Expect When Working With Us

Adult guardianship in Florida follows a structured court process that protects the rights of the incapacitated person. The process takes time but provides the legal authority you need to keep your loved one safe.

Initial Consultation and Case Evaluation

We meet with your family to review your loved one's condition, discuss why guardianship is needed, and explain the court process ahead. You'll learn what documentation you need and what to expect at each stage.

Filing the Guardianship Petition

We prepare and file a petition with the court that details your loved one's incapacity and requests appointment of a guardian. The court appoints an examining committee, typically three professionals, to evaluate your loved one and report back to the judge.

Examining Committee Review and Hearing

The examining committee conducts independent evaluations to determine if your loved one truly cannot make decisions. We represent you during the court hearing where the judge reviews their findings and decides whether to grant guardianship.

Guardian Appointment and Initial Reporting

Once appointed, the guardian must file an initial care plan and inventory of the incapacitated person's assets. We prepare these documents to meet Florida's strict requirements and deadlines.

Ongoing Compliance and Annual Reports

Guardians must file annual reports with the court showing how they've managed the person's care and finances. We provide ongoing support to keep you in compliance and help you fulfill your responsibilities as guardian.

Benefits of Adult Guardianship

Legal Authority to Make Medical Decisions

Adult guardianship gives you the court-approved power to consent to medical treatment, choose doctors, and make end-of-life care decisions for your loved one. Without this legal authority, hospitals and care facilities cannot share medical information with you or follow your instructions, even if you're the closest family member. Guardianship removes these barriers so you can get your loved one the care they need without delay or frustration.

Protection from Financial Exploitation

A guardian has legal control over the incapacitated person's finances, bank accounts, and property. This prevents scammers, dishonest caregivers, or even well-meaning but irresponsible family members from taking advantage of your loved one. You can stop inappropriate spending, unauthorized withdrawals, and financial abuse that often targets vulnerable adults. The court supervises your management of their assets, which protects both your loved one and you from accusations of wrongdoing.

Court Oversight Ensures Accountability

Florida's guardianship system includes built-in safeguards that protect the incapacitated person's rights. The court reviews annual reports, monitors the guardian's decisions, and investigates any concerns raised by family members. This supervision gives everyone peace of mind that your loved one is being cared for properly. While some families worry about court involvement, this oversight actually protects guardians from family disputes and ensures decisions are made in the best interest of the incapacitated person.

Access to Safe Living Arrangements

Guardianship allows you to place your loved one in assisted living, memory care, or skilled nursing facilities when their safety requires it. Many facilities will not admit someone without either the person's consent or a guardian's legal authority. If your family member refuses needed placement or tries to leave a safe environment, guardianship gives you the legal power to keep them protected. You can also hire in-home caregivers and make other living arrangement decisions without needing their approval.

Relief from Impossible Family Decisions

When a loved one lacks capacity but refuses help, families are stuck watching them decline without the legal right to intervene. Guardianship removes this painful powerlessness. You no longer have to convince, cajole, or argue with someone who cannot understand their own needs. Instead, you have clear legal authority to act in their best interest. This brings relief not just to you, but to other family members who may have been struggling with the same frustrations and fears.

Common Questions About Adult Guardianship in Florida

How do I know if my loved one needs a guardian?

Your loved one needs a guardian if they cannot manage their own medical care, finances, or daily needs due to mental incapacity and no power of attorney exists. Signs include repeatedly forgetting to take medications, giving money to strangers or scammers, getting lost in familiar places, refusing needed medical treatment, living in unsafe or unsanitary conditions, or being unable to recognize family members. The legal standard in Florida is that the person lacks the capacity to make informed decisions about their health, safety, or finances. A guardianship becomes necessary when their choices put them at serious risk and they cannot understand why intervention is needed.

What's the difference between guardianship and power of attorney?

Power of attorney is a document someone creates while they still have capacity, giving another person authority to act on their behalf. Guardianship is a court process used when no power of attorney exists or when the person lacks capacity to create one now. Power of attorney is simpler, faster, and avoids court involvement, but it only works if your loved one signed the documents before becoming incapacitated. If they didn't plan ahead, guardianship is your only option. You cannot get power of attorney for someone who already has dementia or lacks the mental capacity to understand what they're signing. At that point, you need to petition the court for guardianship instead.

How long does the guardianship process take in Florida?

The guardianship process typically takes three to six months from filing the petition to final appointment. The timeline depends on how quickly the examining committee completes their evaluations, whether family members object, and the court's calendar. Emergency guardianship can be granted much faster, sometimes within days, when immediate danger exists. Once appointed, guardianship continues until the incapacitated person regains capacity, passes away, or the court terminates it. Annual reports keep the guardianship active and in good standing with the court.

Can family members object to the guardianship?

Yes, family members can object to either the guardianship itself or to who is being appointed as guardian. The court considers these objections during the hearing. Common disputes include disagreements about whether guardianship is truly needed, concerns about the proposed guardian's fitness, or family conflicts over who should serve. If objections are filed, the process takes longer and may require additional hearings. Having an experienced guardianship attorney represent you helps address these challenges and shows the court why guardianship serves your loved one's best interest. The judge makes the final decision based on what protects the incapacitated person, not what makes family members happy.

How much does adult guardianship cost?

Adult guardianship costs vary based on whether the case is contested and how complex the person's finances are. Attorney fees for an uncontested guardianship typically range from $3,500 to $7,000, covering the petition, examining committee coordination, court hearings, and initial reporting. Court filing fees, examining committee fees, and guardian training add to the total cost. Contested cases with family disputes cost more due to additional hearings and legal work. Ongoing annual reporting may have separate fees. During your free consultation, we review your situation and provide a clear fee quote so you know what to expect. Some costs can be paid from the incapacitated person's assets if the court approves.

What are my responsibilities as a guardian?

As guardian, you must make decisions about your loved one's living arrangements, medical care, and daily needs while managing their finances responsibly. You file an initial care plan and inventory within 60 days of appointment, maintain detailed records of all spending, visit your loved one regularly, and submit annual reports to the court showing how you've managed their affairs. You must get court approval for major decisions like selling their home or making large gifts. The court monitors your performance through these reports, and you can be removed if you fail to meet your duties. We help you understand these responsibilities and provide ongoing support to keep you in compliance with Florida law.

Can guardianship be avoided if we plan ahead?

Yes, proper estate planning can eliminate the need for guardianship in most cases. Creating a durable power of attorney, healthcare surrogate, and living will while your loved one still has capacity gives someone legal authority to act without court involvement. These documents are faster, cheaper, and more private than guardianship. However, they must be signed before incapacity occurs. If your parent or spouse is starting to show signs of memory loss or confusion, meet with an estate planning attorney immediately while they can still sign valid documents. Once capacity is lost, guardianship becomes the only option.

What's the difference between limited and plenary guardianship?

Limited guardianship gives the guardian authority over only specific areas where the person lacks capacity, while plenary guardianship grants full control over all personal and financial decisions. Florida courts prefer limited guardianship when possible to preserve the incapacitated person's remaining independence and rights. For example, someone might need help managing money but can still decide where to live and what medical care to receive. Limited guardianship respects their remaining abilities while protecting them in areas where they're vulnerable. Plenary guardianship is reserved for people with severe incapacity who cannot make any decisions safely on their own.

Areas We Serve in South Florida

Carol L. Grant, P.A. provides adult guardianship services throughout Broward and Miami-Dade Counties. We help families in Pembroke Pines, Fort Lauderdale, Miami, Davie, Cooper City, Miramar, Hollywood, and Weston establish guardianships that protect their vulnerable loved ones. Whether your family member lives at home, in assisted living, or in a care facility, we guide you through Florida's guardianship process with compassionate legal support. Our office is conveniently located in Pembroke Pines, and we're available to families across South Florida who need help protecting an incapacitated adult.

Other Guardianship Attorney Services We Offer

• Minor Guardianship
• Guardian Advocacy
• Emergency Guardianship
• Limited Guardianship
• Plenary Guardianship

Schedule Your Adult Guardianship Discovery Call Today

Watching a loved one lose capacity is heartbreaking, but you don't have to face it alone. Carol L. Grant, P.A. has spent decades helping families in Pembroke Pines and throughout South Florida establish guardianships that protect vulnerable adults with dignity and compassion. We handle the legal complexity so you can focus on caring for your family member. Your initial consultation is free, and we'll review your situation, answer your questions, and explain exactly what guardianship involves. Don't wait until a crisis forces your hand, call (954) 404-8274 today to schedule your consultation and take the first step toward protecting your loved one.