When families ask about guardianship, they are usually worried about one thing:
“What happens if the person I love can no longer safely handle certain decisions on their own?”
That’s a very human question, and it deserves a thoughtful answer.
In Florida, guardianship is sometimes necessary. But it is also one of the most significant legal steps a family can take because it may involve transferring important legal rights through a court process. For that reason, guardianship should never be viewed as the default solution when a less restrictive alternative may accomplish the same goal.
Guardianship Is a Local Issue in Volusia County
This isn’t just a statewide legal issue; it’s something local families face every day.
Volusia County recorded 255 guardianship filings during fiscal year 2023–2024. Those cases involve a wide variety of circumstances. Some concern aging adults experiencing memory loss or cognitive decline. Others involve young adults with developmental disabilities who are turning 18. Still others arise after a sudden illness or accident leaves loved ones without legal authority to help.
Florida’s Supported Decision-Making Law
Florida’s supported decision-making law, which took effect on July 1, 2024, reflects an important principle: some people need support, not substitution.
A supported decision-making agreement allows an individual to receive assistance understanding options, communicating with others, and making decisions while still retaining the right to make those decisions personally. The supporter provides guidance but cannot make decisions for the individual or legally bind them.
The law also requires courts, in certain proceedings, to consider less restrictive alternatives before appointing a guardian advocate and to explain why those alternatives would not adequately protect the individual.
Why Less Restrictive Alternatives Matter
That represents an important shift in how families should approach planning.
Guardianship remains available when it is truly necessary, but Florida law now places greater emphasis on evaluating a person’s actual abilities, available support systems, and whether a more limited option can meet the person’s needs.
Instead of assuming guardianship is the answer, families should first ask whether another legal tool would provide adequate protection while preserving as much independence as possible.
Questions to Ask Before Pursuing Guardianship
Every family’s circumstances are different, but these questions are often a good place to start:
- Does the person understand decisions but simply need help organizing information?
- Is assistance needed with finances, health care, education, or only one specific area?
- Are valid legal documents already in place, such as a durable power of attorney or health care surrogate designation?
- If this involves a young adult with disabilities, what decisions can they already make independently?
- Would a limited guardianship or another less restrictive option adequately address the concern?
Sometimes the answer is guardianship. Sometimes it isn’t.
Planning Before Incapacity Matters
One of the best ways to avoid unnecessary court involvement is to plan before a crisis occurs.
If an adult loses capacity without a durable power of attorney or appropriate health care documents, loved ones may have no legal authority to manage finances or make medical decisions. In many cases, that lack of planning is what leads families into guardianship proceedings.
Thoughtful incapacity planning can often reduce, or even eliminate, the need for court intervention later.
Guardianship Is an Ongoing Responsibility
Families should also understand that guardianship doesn’t end once a judge signs the order.
Guardians have continuing legal responsibilities, including filing reports with the court and complying with ongoing oversight requirements. The Volusia County Clerk even provides a Guardianship Report Scheduler to help guardians keep track of required filings.
Becoming a guardian is both an honor and a significant legal responsibility.
Think About Planning in Layers
When I counsel families, I encourage them to think about planning in three layers:
- Prevention. If the person still has legal capacity, sign the appropriate planning documents now.
- Support. If the person can make decisions with assistance, consider supported decision-making or other less restrictive options.
- Protection. If court involvement becomes necessary, pursue the least restrictive arrangement that adequately protects the individual.
The Goal Is Both Dignity and Safety
Every family wants the same thing: to protect someone they love while preserving as much independence and dignity as possible.
Good planning doesn’t force you to choose between those goals. Instead, it helps identify the legal tool that best fits the person’s actual needs.
Sometimes that tool is guardianship.
Sometimes it isn’t.
The important thing is to have the conversation before a crisis forces the decision for you.
Ask Heidi: If you have questions about this topic, contact my office to schedule a consultation and discuss an estate plan designed around your life and your family.
