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Tampa Guardianship Attorney

Assisting Clients Across the State of Florida – In Person and Virtual Appointments are Available

When a loved one can no longer make important decisions on their own, families in Tampa often face difficult questions about who will manage their care, finances, and property.

A parent may be living with advancing dementia, an adult child with a developmental disability may be turning 18, or a minor may be receiving an inheritance or settlement. In each of these situations, a Florida court may need to appoint a guardian.

At Gilbert Garcia Group, P.A., our Tampa guardianship attorneys help families petition for guardianship, respond to guardianship proceedings, and meet their ongoing obligations to the court. Our office is located at 2313 W Violet St. in Tampa, and we regularly handle guardianship matters before the Probate, Guardianship and Trust Division of the Thirteenth Judicial Circuit in Hillsborough County. If you have questions about becoming a guardian or about your responsibilities under Florida law, one of our attorneys can speak with you today at 813-443-5087.

What Does a Tampa Bay Guardianship Attorney Do?

A guardianship attorney guides you through every stage of a guardianship, from deciding whether one is needed to meeting your obligations to the court for years afterward. At Gilbert Garcia Group, P.A., our guardianship services include:

Evaluating your options. We review your loved one’s situation and any existing documents, such as a power of attorney or health care surrogate designation, to determine whether a guardianship is necessary or whether a less restrictive option will work.
Preparing and filing petitions. We draft and file the Petition to Determine Incapacity, the Petition for Appointment of Guardian, and all supporting documents with the Hillsborough County Clerk of Court.
Representing you in court. We prepare you for the examining committee process and represent you at the incapacity hearing.
Handling emergencies. When a loved one is in immediate danger or their assets are at risk, we can seek the appointment of an emergency temporary guardian.
Guiding you after appointment. We prepare initial reports, annual plans, and annual accountings, and request court approval when you need to sell property or make other major decisions.
Contested and adversarial matters. We represent petitioners, proposed guardians, and family members when there is a dispute over whether a guardianship is needed or who should serve.
Modifying or ending a guardianship. We help with restoration of rights, resignation or substitution of a guardian, and closing a guardianship when it is no longer needed.

Why You May Need a Guardianship Attorney in Tampa Bay

In Florida, guardianship is not something most families can handle on their own. With very limited exceptions, Florida law requires a guardian to be represented by an attorney.

Beyond that requirement, an experienced attorney helps you:

Avoid delays. Incomplete or incorrect filings can stall a case at a time when your loved one needs help quickly.
Protect your loved one’s rights. A guardianship removes important rights from a person. An attorney helps ensure that only the rights that truly need to be removed are delegated.
Stay in good standing with the court. Guardians who miss reporting deadlines or mishandle funds can face sanctions or removal. We keep you on track.
Reduce family conflict. A neutral, experienced advisor can help family members understand the process and work toward agreement.

You should consider speaking with a guardianship attorney if a loved one has been diagnosed with dementia or another condition affecting their judgment, if they are showing signs of financial exploitation, if your child with a disability is approaching age 18, or if a minor in your family is about to receive an inheritance or settlement.

adult guardianship attorney in tampa, florida

Understanding Guardianship Under Florida Law

Guardianships in Florida are governed by Chapter 744 of the Florida Statutes. Under Florida guardianship law, a guardian is “a person who has been appointed by the court to act on behalf of a ward’s person or property, or both.” The person who is the subject of the guardianship is known as the “ward.”

Guardians may be appointed for minors under the age of 18 and for adults the law identifies as an “incapacitated person.” An incapacitated person is someone who has been judicially determined to lack the capacity to manage at least some of their property or to meet at least some of their essential health and safety requirements.

Guardian of the Person vs. Guardian of the Property

A guardian of the person makes decisions about the ward’s health care, medical treatment, living arrangements, and general well-being. This can include decisions about whether the ward should live at home, in an assisted-living facility, or in a nursing home.

A guardian of the property manages the ward’s assets. This includes paying bills, managing bank accounts and real estate, applying for benefits, entering into contracts on the ward’s behalf, and bringing or defending lawsuits when necessary. In many cases, the court appoints one person to serve in both roles.

Limited vs. Plenary Guardianship

Florida law requires courts to use the least restrictive form of guardianship that meets the ward’s needs. A limited guardianship gives the guardian only the specific powers the ward cannot exercise on their own, while the ward keeps every other right. A plenary guardianship gives the guardian authority over all delegable rights and is used only when the ward cannot manage any of their affairs.

Voluntary vs. Involuntary Guardianship

In a voluntary guardianship, a mentally competent adult who needs help managing their property asks the court to appoint a guardian. In an involuntary guardianship, the court appoints a guardian after determining that the person is incapacitated, even if that person does not want or seek a guardian.

The Guardianship Process in Hillsborough County

In Tampa, guardianship cases are filed with the Hillsborough County Clerk of Court and heard by the Probate, Guardianship and Trust Division of the Thirteenth Judicial Circuit.

For an adult guardianship, the process generally includes the following steps:

Petition to Determine Incapacity. A family member or other interested person files a petition explaining why they believe the person cannot manage some or all of their affairs.
Petition for Appointment of Guardian. This is usually filed at the same time. It identifies the proposed guardian and the specific rights the petitioner is asking the court to delegate.
Appointment of counsel. The court appoints an attorney to represent the alleged incapacitated person, so their rights and wishes are heard.
Examining committee. The court appoints a three-member examining committee, which typically includes a physician. Each member evaluates the person and files a written report with the court.
Hearing. If the committee’s reports support a finding of incapacity, the court holds a hearing. The judge decides whether the person is incapacitated, which rights are removed, and whether a limited or plenary guardianship is appropriate.
Background check and training. The proposed guardian completes a credit and criminal background check. Most family guardians must also complete a court-approved guardianship education course.
Letters of Guardianship. Once the guardian takes an oath and posts any required bond, the court issues Letters of Guardianship. These give the guardian legal authority to act.

The timeline depends on the facts of each case, the examining committee’s schedule, and whether any family member contests the petition. An uncontested Hillsborough County guardianship often takes 2-3 months. In urgent situations, the court can appoint an emergency temporary guardian while the full case moves forward.

Guardianships of minors follow a different path. Because parents are a child’s natural guardians, a court-supervised guardianship of property is usually required only when a minor receives significant assets, such as an inheritance, life insurance proceeds, or a personal injury settlement.

Common Guardianship Situations We Help Tampa Families With

Every guardianship is different, but most of the matters our attorneys handle fall into a few common categories:

Aging parents with dementia or Alzheimer’s disease. Adult children often seek guardianship when a parent can no longer manage money, make medical decisions safely, or protect themselves from financial exploitation, and no power of attorney is in place.
Adults with developmental disabilities. When a child with an intellectual or developmental disability turns 18, parents lose their automatic authority. Florida offers guardian advocacy, a less restrictive option that does not require a finding of incapacity, as well as traditional guardianship when needed.
Minors receiving assets. A guardianship of property may be required when a child inherits money, is named on a life insurance policy, or receives a personal injury settlement.
Emergency and temporary guardianships. After a sudden stroke, accident, or medical crisis, families may need an emergency temporary guardian appointed quickly to make urgent decisions or protect assets.
Contested guardianships. Family members sometimes disagree about whether a guardianship is needed or who should serve. Our attorneys represent petitioners, proposed guardians, and family members in contested proceedings.
Modifying or ending a guardianship. If a ward’s condition improves, rights can be restored. Guardians can also resign, and courts can remove a guardian who is not fulfilling their duties.

Alternatives to Guardianship in Tampa, FL

Guardianship removes important rights from a person, so Florida courts must consider whether a less restrictive alternative would meet the person’s needs. Before filing, our attorneys review whether any of these tools are already in place or could still be put in place:

Durable power of attorney, which lets a trusted agent handle financial and legal matters
Designation of health care surrogate, which allows someone to make medical decisions
Revocable living trust, which lets a successor trustee manage trust assets
Pre-need guardian designation, which names the person you would want as your guardian if one is ever needed
Representative payee, for managing Social Security or other government benefits

If a loved one still has capacity, putting these documents in place now through our estate planning practice can often avoid a guardianship altogether. If capacity has already been lost, or existing documents are not working as intended, guardianship may be the only way to protect them.

Your Responsibilities After Being Appointed Guardian

Being appointed is only the beginning. Florida guardians remain under court supervision for as long as the guardianship lasts, and the Hillsborough County Clerk audits the reports guardians file. Common obligations include:

Initial guardianship report. Filed shortly after appointment, this includes an initial care plan for a guardian of the person and a verified inventory of assets for a guardian of the property.
Annual plan. A guardian of the person files a yearly update on the ward’s health, living situation, and care.
Annual accounting. A guardian of the property files a yearly accounting of all income, expenses, and transactions, with supporting records.
Court approval for major decisions. Selling real estate, making certain gifts, or changing the ward’s residence may require the court’s permission first.
Missing deadlines or mishandling funds can lead to sanctions or removal as guardian. Our attorneys prepare and file these reports for guardians and answer questions as they come up, so you can focus on caring for your loved one.

Why Tampa Families Choose Gilbert Garcia Group, P.A.

Guardianship cases are rarely just legal matters. They usually come at a stressful time, when a family is worried about someone they love. Our attorneys combine guardianship experience with related work in probate and estate planning, so we can see the full picture of your family’s situation.

Local experience. Our office is in Tampa, and our attorneys regularly appear before the Hillsborough County probate and guardianship court.
Over 100 years of combined attorney experience.
Direct attorney access.
Responsive communication. Clients consistently tell us they were kept informed at every step.
Bilingual service.

Meet Our Guardianship Attorneys

Michelle Garcia Gilbert, Esquire
Mary Castillo, Esquire
Ydelmis Cutino, Esquire

What Our Clients Say

“I want to thank Ydelmis Cutino for her excellence and professionalism in handling my mother-in-law’s case. She was very patient and understanding. Ydelmis is a great asset to this law group.” — Whiney Abreu

“Ms Cutino represented my sister and I, and was very responsive to our needs. We were kept apprised of our case. The thing that stands out most is that Ms Cutino fought for us and we got the best outcome that the circumstances of our case could receive.” — Karen and Rene

“They took the time to understand my unique situation and provided clear, actionable guidance every step of the way. What truly stood out was their commitment to client communication.” — John Bales

Frequently Asked Questions About Guardianship in Tampa

What is the difference between a power of attorney and a guardianship?

A power of attorney is a document a person signs while they still have capacity, naming someone they trust to act for them. A guardianship is created by a court after a person has been found incapacitated, and the guardian is supervised by the court. If a valid power of attorney is already in place, a guardianship may not be necessary.

How long does a guardianship take in Hillsborough County?

It depends on the case. An uncontested adult guardianship often takes [X–X weeks] from filing to the issuance of Letters of Guardianship. Contested cases take longer. In an emergency, the court can appoint a temporary guardian much sooner.

How much does a guardianship cost?

Costs include court filing fees, examining committee fees, the court-appointed attorney for the alleged incapacitated person, any required bond, and attorney’s fees. In many cases, reasonable fees can be paid from the ward’s assets with court approval. We discuss expected costs at your consultation.

Who can serve as a guardian in Florida?

Any Florida resident who is at least 18 and of sound mind can serve, as long as they have not been convicted of a felony or found unsuitable by the court. Certain relatives, including a spouse, parent, child, or sibling, may serve even if they live outside Florida.

Can the person being considered for guardianship object?

Yes. The alleged incapacitated person has the right to be represented by an attorney, to be present at the hearing, to present evidence, and to challenge the petition. The court must respect these due process rights.

What is a guardian advocate?

A guardian advocate may be appointed for a person with a developmental disability who needs help with some decisions. Guardian advocacy does not require a finding of incapacity, and it is often faster and less restrictive than a traditional guardianship.

Do I need a guardianship if my child receives an inheritance or settlement?

Often, yes. If a minor receives a significant amount of money or property, Florida law generally requires a guardianship of property, even though the parents remain the child’s natural guardians. A trust or other arrangement can sometimes be used instead.

Can a guardianship be ended or changed?

Yes. If a ward regains capacity, a petition can be filed to restore some or all of their rights. A guardianship can also be modified if the ward’s needs change, and a guardian can resign or be removed by the court.

What happens if family members disagree about the guardianship?

Disagreements over whether a guardianship is needed, or who should serve, can turn into contested proceedings. Our attorneys represent clients in these disputes and look for ways to resolve them that protect the ward and keep family relationships intact where possible.

Do I need a lawyer to become a guardian in Florida?

Yes. Florida requires that guardians be represented by an attorney in guardianship proceedings, with very limited exceptions. Your attorney prepares and files the petitions, guides you through the hearing, and helps you meet your reporting obligations.

Serving Guardianship Clients Throughout Tampa Bay and Florida

From our office in Tampa (2313 W Violet St., Tampa, FL 33603), we represent guardianship clients throughout Hillsborough County, including South Tampa, Westchase, Carrollwood, Town ‘n’ Country, Temple Terrace, Brandon, Riverview, Valrico, Plant City, Apollo Beach, and Sun City Center. We also assist families in neighboring Pasco and Pinellas Counties, including Wesley Chapel, Land O’ Lakes, New Port Richey, St. Petersburg, and Clearwater.

Because guardianship cases are filed in the county where the ward lives, many families come to us when a loved one lives in a different part of the state. We represent clients in guardianship matters across Florida. Learn more about our Florida guardianship services.

Speak With a Tampa Guardianship Attorney Today

If you are worried about a loved one’s ability to care for themselves or manage their affairs, or if you have already been appointed guardian and need help with your responsibilities, we are here to help. Contact Gilbert Garcia Group, P.A. at 813-443-5087 or toll-free at 1-877-728-2056, or fill out our online form to schedule a consultation with one of our Tampa guardianship attorneys.