As many already know, a family comes in many sizes and shapes. Every single family is unique and special in their own way. This is all thanks to the individuals who look after children, and sometimes the adults too. This does not necessarily have to be the parents. There are many situations that lead parents or other authorities to put another individual in charge. This individual becomes a legal guardian. However, how does one go about this process? Arturo R. Alfonso, P.A. is an expert child custody attorney who will provide all the advice you need to move forward. We offer a Miami family law attorney free consultation.

What Is A Guardian Under Florida Law?

The definition depends on the type of person who needs a guardian. There are two types of guardianship roles that Florida family lawyers may be able to offer guidance on: guardians for minor children and for incapacitated adults. For minors, a guardian is someone given responsibilities similar to those of parents at birth or adoption over that minor. Guardians of incapacitated adults can take on a wide variety of responsibilities depending on the specific needs of the adult in question. We’ll go into more detail on the roles of both types of guardians below.

Family lawyers are here to make sure that all legal processes, including guardianship appointments, are smooth and fair for all parties.


Our Child Custody Attorney Dissects Guardians

Before we go into more depth on the two types of guardianship handled by family lawyers, we want to describe the roles of a guardian in Florida briefly. Guardians are responsible for:

Make personal or financial decisions for the person they are responsible for

Care for the ward and their property

Guardians can be individual people or an institution like a bank trust or nonprofit organization.  Florida prefers that guardianships allow the ward as much freedom as possible. In cases where the ward cannot take care of themselves or their property, however, a guardian must be put into place.


In Florida, parents are automatically given the role of guardian for their children. However, if you are the father of a child but don’t have parental rights, you might need to establish paternity first.

If parents die or lose the ability to be able to perform their roles as a guardian, the state will need to appoint a new guardian. Guardians can also be appointed solely over a child’s property if the child has been given an inheritance or assets from a lawsuit with property over $15,000. The guardianship will be in place until the ward turns 18, provided they then have the mental and physical capabilities to take over these responsibilities.


Ask Us About Our Miami Family Law Attorney Free Consultation

Arturo R. Alfonso, P.A. is an experienced child custody attorney. When it comes to dealing with becoming a guardian in Florida, our family attorney has you covered. We are here to make the process not so stressful, and we are here to help. Call or visit us today for more information, Miami.  We offer a Miami family law attorney free consultation.