To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Who can you name as a guardian in Florida?


As you prepare your estate plans, one thing you may have to consider is the need for guardianship. A guardian is a person with the legal right to act on your behalf when you are unable to do so for yourself. The guardian can make decisions on finances, care or both. The guardianship can have a limit on power if you desire.

Guardians are most beneficial when there are children involved, whether they are minors or adults with special needs. However, guardianships are also useful if you become incapacitated due to an accident, medical condition or aging. Whom you name as guardian depends on your circumstances, the duties you want the person to have and Florida law

Basic requirements

The primary requirements for guardianship according to Florida legislation are that the person must be at least 18 years old and a resident of the state. If the person is not a resident of Florida, he or she must be a relative of yours in one of the ways outlined in statute 744.309 (2). Those who are ineligible to serve include convicted felons, child abusers and incapacitated persons. For those who serve you in some professional capacity, such as judges, doctors or businessmen, additional requirements apply for them to qualify as guardians.

Choices in a guardian

Most often, a family member, friend or other regular person becomes a guardian. However, they are not your only options. You can also choose from the following:

  • Financial companies: Certain financial institutions can act as guardians of your assets.
  • Corporations: Both nonprofit and for-profit organizations are eligible for guardianship appointments, but for-profit entities have much stricter requirements.
  • Health care providers: Your medical provider can become your guardian as long as no conflict of interest exists.

An estate planning attorney can help you decide whom to appoint and in what capacity. Factors to consider are your needs and the background, ability and willingness of each candidate.

No Comments

Leave a comment
Comment Information

Request Your Free Telephone Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.


North Office
950 S. Winter Park Dr
Suite 290
Casselberry, FL 32707

Toll Free: 888-681-4389
Casselberry Law Office Map

South Office
14115 Town Loop Blvd #300
Orlando, FL 32837

Toll Free: 888-681-4389
Orlando Law Office Map

At Korshak & Associates, P.A. we love feedback from our clients. Please take a moment and tell us how we’re doing!