Public Information

Florida has a national reputation as having progressive laws related to guardianship. The legislative goals of Florida guardianship include:

Protecting the civil rights of person with a disability;
Preserving the dignity and autonomy of person with a disability;
Utilizing the least restrictive decision-making alternative;
Meeting all essential personal and property needs; and
Requiring guardians to assist the person with disabilities to develop or regain abilities so that rights can be restored.

For these reasons FSGA offers information on a full range of decision-making options available under Florida laws. Choose from the variety of information below. This information is not intended to be legal advice and consulting a Florida lawyer should be seriously considered.

What options does Florida offer for assistance in decision making?

Decision Options

How does Florida define guardianship?

Guardian Advocacy for Persons with Developmental Disabilities (Chapter 393.12, F. S.)
Guardian Advocacy for Persons with Mental Illness (Chapter 394.4598, F. S.)
Guardianship (for adults with acquired disabilities, age-related disabilities and adults with developmental disabilities for whom guardian advocacy is not appropriate and for minors who have assets) (Chapter 744, F. S.)

If I've already been named as a guardian in a state other than Florida, do I need to go through the process again?

A foreign guardianship refers to a guardianship that was originally established outside of Florida and the ward later moves to Florida. The foreign guardian has within 60 days of the ward moving to Florida in which to file the out of state guardianship papers with a Florida court. The Florida court will then recognize that guardianship and thereafter the guardian must comply with Florida law.

Click here to read the Florida statutes related to this question (Chapter 744.306, Florida Statutes).

Who are members of Florida State Guardianship Association?

Why should I join Florida State Guardianship Association?