When a loved one can no longer manage their personal, medical, or financial affairs, guardianship may become necessary. One of the first questions families ask is: Who can be a guardian in Florida?
Under Florida law, a guardian is a person or entity appointed by the court to exercise some or all of the legal rights of another person (or the ward).
Guardians may be appointed for incapacitated adults or for minors. Since a guardian is entrusted with this authority, Florida courts review every proposed guardian before making an appointment. Here is a look at who can be a guardian in Florida.
Requirements to Serve as a Guardian
When selecting a guardian, Florida courts are guided by the ward’s best interests. Florida courts consider a few factors, such as:
- The guardian’s ability to meet the ward’s needs
- Any relationship between the guardian and the ward
- The guardian’s experience and qualifications
- Potential conflicts of interest
- The preferences expressed by the ward, when appropriate
- The guardian’s ability to carry out fiduciary responsibilities
Florida law has minimum qualifications for individuals who want to serve as guardians. Under Fla. Stat. § 744.309, any resident of Florida who is at least 18 years old and of sound mind may serve as a guardian.
In some cases, nonresidents may also qualify, especially when they are related to the ward by blood, adoption, or marriage.
However, meeting these minimum qualifications does not automatically guarantee appointment. The court must still decide whether the proposed guardian is capable of carrying out the duties and responsibilities associated with the role.
Family Members Are Usually Appointed
In many guardianship cases, family members are the first individuals considered for appointment. Relatives are familiar with the ward’s medical needs, financial circumstances, daily routines, and personal preferences.
Some of these family guardians include:
- Adult children caring for an aging parent
- A spouse seeking authority to make decisions for an incapacitated husband or wife
- Siblings or other close relatives when no spouse or adult child is available
Many times, the courts frequently appoint family members. The court’s primary concern is whether the proposed guardian can act responsibly and in the ward’s best interests under Fla. Stat. § 744.312.
Can a Close Friend Serve as a Guardian?
Yes. Florida law does not require a guardian to be a family member. A close friend may be appointed if the court believes that the individual is qualified and capable of serving.
A friend may be an appropriate choice when:
- The ward has no suitable family members available
- Family members are unwilling to serve
- Family conflicts make appointment of a relative impractical
- The friend has already been providing care or assistance to the ward
When evaluating a friend as a proposed guardian, the court will look at the nature of the relationship and determine whether the individual can make decisions objectively and responsibly.
Professional Guardians
If no suitable family member or friend is available, the court may appoint a professional guardian.
These are individuals who provide guardianship services for compensation. However, they must comply with Florida’s statutory requirements. These professional guardians are registered with the state and have specialized training related to guardianship administration.
Professional guardians are appointed when:
- The ward has no available relatives
- Family disputes prevent the selection of a family guardian
- The ward’s financial affairs are complex
- A neutral decision-maker is needed
While these individuals may not have a personal relationship with the ward, they remain subject to court supervision. That means they must fulfill the same fiduciary obligations as any other guardian.
Who Cannot Serve as a Guardian?
Some individuals may not serve as guardians. Under Fla. Stat. § 744.309, a person may be disqualified if they:
- Are under 18 years of age
- Have been judicially determined to be incapacitated
- Have been convicted of a felony
- Lack the capacity to perform guardian duties
- Otherwise fail to meet statutory requirements
Since guardians occupy a position of trust, courts closely scrutinize the background and qualifications of every proposed guardian.
Contact a Florida Guardianship Attorney
Selecting a guardian is one of the most important decisions in guardianship administration. While family members are often appointed, Florida law also allows qualified friends and professional guardians to serve when appropriate.
If you have questions about guardianship eligibility or need assistance establishing guardianship for a loved one, Niebla Probate Firm can help you understand your options. Reach out today to schedule a consultation.
