Guardianship Attorneys In Coral Springs, Florida

Last updated on August 12, 2026

When a loved one is unable to handle their own affairs (including legal, financial, or medical decision-making), the emotional and practical weight on their family and caregivers can be difficult to manage. The first and best option for assisting a partially or wholly-incapacitated individual is ensuring they have executed a full set of advance directives (including a general and durable power of attorney and healthcare surrogate). However, if those documents are not in place, and cannot be executed due to the loved one’s diminished capacity, establishing a guardianship may be the only remaining option.

Guardianship is a legal proceeding which allows another individual to make decisions for the incapacitated loved one to protect their well-being and ensure their care needs are met. Working with an experienced guardianship attorney helps ensure every step in a guardianship proceeding is completed with accuracy.

At Feldman & Feldman, Counsellors at Law, P.A., our story began when Jay Feldman, father of current attorney Michael Feldman, opened his first office in New Jersey. After 20 years of practice, Jay relocated his family and the firm to Florida, where our Coral Springs office has proudly served the community for over 30 years focusing exclusively on elder law, estate planning, and related issues. If you are considering guardianship in Florida contact us today at 954-228-6074 or reach out through our contact form to schedule a consultation with our team.

What Is Guardianship?

A guardianship is a court proceeding whereby a fully or partially incapacitated person (the “ward”) has some or all of their rights removed and another person (the “guardian”) is appointed to handle some or all of their day-to-day affairs. Although designed to protect the ward’s interests, guardianships can often be humiliating for the ward, as well as expensive and time-consuming for all involved. Guardianships are therefore a last resort when no other protective means are available, such as relying on a properly drafted set of advance directives (durable powers of attorney, health care surrogate designations), trusts, and other types of protective instruments.

Types Of Guardianship In Florida

In Florida, there are several forms of guardianship, each designed for specific situations:

• Guardianship of a minor: Appointed when a child’s parents are unable to care for them due to incapacity, death or other serious circumstances. Minor guardianships may also be required when a minor directly inherits more than $15,000.
• Guardianship of an adult: Established when an adult becomes incapacitated and unable to manage personal or financial affairs. This can occur due to injury or illness or with an elderly family member.
• Guardian advocacy: Created for adults with developmental disabilities who need support with decision-making but are not legally incapacitated.

We take time to understand the needs of every family we serve.

Key Requirements In Guardianship Proceedings

Guardianship proceedings first require a showing that the need for the guardianship exists via a determination of incapacity. The ward may lose some or all of their civil rights in a guardianship, and they are therefore guaranteed the right to their own, independent attorney to protect their interests. Potential guardians are subjected to a criminal background check and other scrutiny by the court before being formally appointed by the judge. Once the guardianship is established, the court supervises the guardian, requiring the submission of care plans, annual or more frequent accountings of assets, and regular reports. Any unplanned events usually require the guardian to return to the court for the new action to be approved by the judge. When the need exists for an immediate guardianship to be established, an emergency temporary guardianship (“ETG”) proceeding may be initiated to protect the ward until a permanent guardian can be appointed.

The Guardianship Process: What To Expect

Establishing a guardianship in Florida involves several legal steps, and having experienced counsel can make the process more manageable for families already dealing with difficult circumstances. At Feldman & Feldman, Counsellors at Law, P.A., we guide clients through each stage while helping them understand their responsibilities and options.

The guardianship process generally includes:

• Initial evaluation: We review your family’s circumstances to determine whether guardianship is appropriate or whether less restrictive alternatives, such as utilizing existing or establishing new estate planning documents (e.g., power of attorney, healthcare surrogate, revocable living trust), may address your loved one’s needs.
• Court filings: If guardianship is necessary, we prepare and file the required petitions and supporting documents with the appropriate Florida court.
• Incapacity proceedings: The court appoints a committee to evaluate the alleged incapacitated person, who also has the right to independent legal representation during the process.
• Guardian appointment: Potential guardians undergo background screening and court review before a judge determines who should serve.
• Ongoing administration: Once appointed, guardians may need to file care plans, accountings and periodic reports while seeking court approval for certain significant decisions.

Every guardianship matter presents unique challenges. Working with our firm allows families to focus on their loved one’s well-being while we help navigate procedural requirements and court obligations. Careful preparation can reduce delays and help avoid costly mistakes that may complicate the proceedings.

When Should You Contact Feldman & Feldman, Counsellors at Law, P.A., For Guardianship In Florida?

Many families wait until a crisis develops before seeking legal guidance, but early planning can provide more options and reduce unnecessary stress. Consulting with our firm as soon as concerns arise allows us to evaluate the situation and recommend an appropriate course of action. You may want to contact us if:

• A loved one can no longer manage finances or medical decisions: Diminished capacity may create risks for their safety and financial security.
• No advance directives exist: Guardianship may become necessary if powers of attorney or health care surrogate documents are unavailable.
• An emergency develops: An Emergency Temporary Guardianship may provide immediate protection while longer-term arrangements are addressed.
• A minor requires a guardian: Unexpected family circumstances or significant inherited assets may require court involvement.
• A minor with special needs will soon turn 18 and a guardianship may be the only mechanism to ensure the child’s needs can be appropriately met.
• An individual with special needs is not able to manage their affairs, or they may have diminished to a point where guardianship is required.
• You have questions about guardian responsibilities: Understanding the legal duties before accepting an appointment can help you prepare for the role.

Guardianship proceedings affect both the individual needing protection and the family members involved. Feldman & Feldman, Counsellors at Law, P.A., works closely with clients throughout Coral Springs and Florida to help them make informed decisions and protect the interests of their loved ones.

Frequently Asked Questions About Guardianship In Florida

Families in Coral Springs and throughout Florida often have questions about guardianship and what the process involves. Below are answers to some of the concerns we hear most often.

How long does the guardianship process take in Florida?

The timeline depends on the circumstances of the case. An uncontested guardianship with complete documentation may move through the court in a matter of weeks, while contested matters or cases requiring extensive medical evaluations can take several months. Emergency Temporary Guardianships may be established more quickly when immediate protection is necessary. Court schedules, the complexity of the estate and the need for incapacity determinations can all affect timing.

Can guardianship be contested?

Yes. Florida law allows interested parties to challenge a guardianship petition, the determination of incapacity or the appointment of a proposed guardian. The alleged incapacitated person has the right to independent legal representation and to present evidence before the court. Family members or other interested individuals may also raise concerns about whether a guardianship is necessary or who should serve as guardian.

Do guardians get paid in Florida?

Yes, in many situations they can. Professional guardians are generally entitled to reasonable compensation for their services, while family members serving as guardians may also receive payment if approved by the court. Compensation usually comes from the ward’s assets and must be appropriate for the work performed. The court reviews fees to help protect the ward from unnecessary expenses and financial abuse.

Can a guardianship be terminated?

Yes. A guardianship does not always have to remain in place permanently. If the ward regains capacity or the circumstances requiring guardianship no longer exist, the court may terminate the arrangement after reviewing evidence and any required evaluations. A guardianship for a minor generally ends when the child reaches adulthood unless another legal basis for guardianship exists. Court approval is required before the guardian’s duties officially end.

Who determines if someone needs guardianship?

A Florida court makes that decision after reviewing the evidence presented in the case. Typically, the process includes medical examinations and an evaluation by a court-appointed committee that reports its findings to the judge. The alleged incapacitated person has legal rights throughout the proceedings, including the right to an attorney. After considering all relevant information, the court determines whether a guardianship is necessary and, if so, what rights should be delegated to the guardian.

Why Work With Feldman & Feldman For Guardianship Matters?

When you partner with us, you receive:

• Direct communication with the attorneys handling your case
• Prompt responses to your questions and updates within 24 hours
• Guidance rooted in over 50 years of combined attorney experience in guardianship and elder law

Choosing the right attorney in Coral Springs can make a profound difference in your guardianship journey.

Contact Us

Let Feldman & Feldman help you protect your loved ones with care and professionalism. Call our Coral Springs office at 954-228-6074 or fill out our contact form to speak with a Florida guardianship lawyer.