What is Guardianship and Who can serve as a Guardian?

A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person. This guardian can be an individual or institution such as a bank trust department appointed by the court to care for an incapacitated person-called a "ward"-or for the ward's assets.
Any adult resident of Florida can serve as a guardian. A close relative of the ward who does not live in Florida may also serve as a guardian. Persons who have been convicted of a felony or who are incapable of carrying out the duties of a guardian cannot be appointed. Institutions such as a bank trust department, a nonprofit religious or charitable corporation, or a public guardian, can be appointed guardian, but a bank trust department may only act as guardian of the property. The court gives consideration to the wishes expressed by the incapacitated person in a written declaration of preneed guardian or at the hearing.

The Court may not appoint a guardian in any circumstance in which a conflict of interest may occur.

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