FL risk area
Guardianship risk in Florida
How courts appoint guardians for minors when no plan is in place.
Florida courts may appoint a guardian for a minor on petition by a parent or other interested person without a formal incapacity adjudication.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A parent, sibling, next of kin, or other interested person may petition for guardianship of a minor.
- The court may appoint a guardian without a full incapacity adjudication.
- The court may appoint an attorney for the minor, and the minor need not attend unless ordered.
Questions to consider
Questions this risk area helps you evaluate in Florida
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Florida courts may appoint a guardian for a minor on petition by a parent or other interested person without a formal incapacity adjudication.
- A parent, sibling, next of kin, or other interested person may petition for guardianship of a minor.
- The court may appoint a guardian without a full incapacity adjudication.
- The court may appoint an attorney for the minor, and the minor need not attend unless ordered.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Florida.