Fla. Stat. Ch. 744

Florida Guardianship

When a loved one can’t make decisions for themselves — a child, or an adult who’s become incapacitated — guardianship may be needed. Here is how Florida approaches it, and the alternatives.

Attorney-Reviewed Statute Resource
Reviewed by Joseph Grant, Family Law Attorney (Fla. Bar #97315). Last reviewed: June 2026

What Guardianship Is

Under Chapter 744, a court can appoint a guardian to make personal and/or financial decisions for a minor (for example, a child who inherits assets or whose parents cannot care for them) or an incapacitated adult who can no longer manage their own affairs.

The Governing Statute
Fla. Stat. Ch. 744 — Guardianship
"The Legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives a person of civil and legal rights [and] that such adjudication should occur only when less restrictive alternatives are not appropriate."
Read the full statute on Online Sunshine →

Types & Alternatives

Guardianship in Florida
Guardian of the person: decisions about care, housing, and medical treatment.

Guardian of the property: managing finances and assets.

Plenary vs. limited: full authority, or only over specific areas the person can’t handle.

Less-restrictive alternatives: powers of attorney, health-care surrogates, and trusts — which the court must consider first.

Because guardianship removes rights, Florida law favors the least restrictive option. Planning ahead with powers of attorney and health-care directives can often avoid the need for a full guardianship.

Frequently Asked Questions

When is guardianship needed in Florida?
When a minor or an incapacitated adult cannot make personal or financial decisions and no less-restrictive alternative (like a power of attorney or health-care surrogate) is adequate. A court appoints a guardian under Chapter 744 after the required process.
What are the alternatives to guardianship in Florida?
Less-restrictive alternatives include durable powers of attorney, health-care surrogate designations, and trusts. Because guardianship removes a person’s rights, Florida law requires courts to consider these alternatives first.

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This page summarizes Fla. Stat. Ch. 744 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.