Guardianship of Minor Children in Florida
When parents pass away, become incapacitated, or are otherwise unable to care for their minor children, Florida law provides a legal process to appoint a guardian. A guardian of a minor child steps into the role of the parent — making decisions about the child’s education, medical care, housing, and daily welfare.
Under Florida Statute Chapter 744, guardianship of a minor is established through a petition to the circuit court. Unlike adult guardianship, no determination of incapacity is required — because minors are already legally unable to exercise their own rights.
The most important thing any parent can do is plan ahead. A Pre-Need Guardian Designation (Florida Statute 744.3046) allows you to name your chosen guardian before a crisis occurs. This document is simple, affordable, and can be completed in a single office visit.
Types of Minor Guardianship We Handle
Guardian of the Person
Makes all personal decisions for the child: where they live, their education, healthcare, and general welfare. This is the most common type of guardianship when both parents are deceased or unable to care for their children.
Guardian of the Property
Manages the child’s financial assets. Required under Florida law when a minor receives more than $15,000 from a settlement, inheritance, life insurance policy, or other source. The guardian of property must file annual accountings with the court and manage funds in the child’s best interest.
Plenary Guardian
Full guardianship of both person and property. Appointed when a child needs both personal care and financial management from someone other than their parents.
Pre-Need Guardian Designation
The most cost-effective and proactive form of protection. This preventive document names your chosen guardian. No court hearing is needed to create it. Every parent should have one.
Temporary Guardianship
We help you put temporary measures in place to ensure your trusted representative can care for your child in a temporary capacity, avoiding court-ordered guardianship for most urgent situations where a child’s immediate welfare could be at risk.
Every family’s situation is different. We’ll help you determine the right type of guardianship for your specific circumstances and guide you through every step of the legal process.
JM Legacy Law | 15800 Pines Boulevard, Suite 3128, Pembroke Pines, FL 33027 | www.JMLegacyLaw.com