10/06/2026
Guardianship doesnāt look one way.
It can involve an older parent, an adult with a disability, a minor child, or someone recovering from a sudden illness or injury.
Every situation is different, and so is the right answer.
Hereās what guardianship actually is: a court appoints someone to make decisions on behalf of a person who canāt make certain decisions for themselves.
The guardian doesnāt get unlimited control. They answer to the court, they have ongoing reporting obligations, and theyāre expected to act in that personās best interest.
What often gets missed is that guardianship isnāt automatically the answer.
Florida law directs the court to consider whether less restrictive alternatives would be enough before a guardianship is imposed.
Depending on the circumstances, tools like a durable power of attorney, a health care surrogate designation, or a trust may accomplish what a family needs without removing someoneās rights.
Thatās the part worth understanding.
A person under guardianship keeps their dignity and retains rights, and the goal is always the least restrictive arrangement that actually protects them.
October is Guardianship Awareness Month in Florida.
If your family is starting to think about these questions, learning the options is the right first step.
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The Law Office of Jeffrey M. Janeiro, P.L.
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