Guardianship & Incapacity Planning in Florida


Protecting Decision-Making When It Matters Most

Key Takeaways

● Guardianship removes personal decision-making

● Many families don’t realize alternatives exist

● Planning ahead preserves control

● Strategy matters more than documents

An older man and a young girl bake together in a kitchen, while a woman and a younger boy watch. The girl is sitting on the counter, and the boy is tasting food. A mixing bowl and batter are visible in the foreground.

What is guardianship in Florida?

Guardianship in Florida is a court process where a judge appoints someone to make decisions for an individual deemed incapacitated. Planning ahead can often reduce or avoid guardianship by clearly naming decision-makers and documenting wishes.

Guardianship is often necessary — but it is rarely what families want.

Attorney Sonia Muñoz Gallagher helps families understand guardianship, explore alternatives, and plan ahead so decisions remain in trusted hands whenever possible.

This requires thoughtful legal strategy under Florida law.

WHO THIS IS FOR

● Parents of minor children

● Families with aging parents

● Widows and single parents

● Caregivers concerned about incapacity

HOW CLIENTS START

Most families begin with a Care & Protection Planning Strategy Session™, designed to provide clarity before crisis-driven decisions are made.

Register for the Guardianship Webinar

“Guardianship in Florida: What Families Don’t Realize Until It’s Too Late (And the Legal Alternatives)”

Is guardianship always required?

No. With proper planning, families may avoid or limit court involvement.

Estate Planning for Special Needs