Guardianship Attorney in St. Augustine

Team-Based Guidance From a Firm Serving St. Augustine for More Than 30 Years

Guardianship is a court-created relationship that authorizes one person to make specified personal or financial decisions for a minor or adult. At Canan Law, we help families determine what authority may be needed, understand the court process, and consider whether a less restrictive alternative could address the situation.

These proceedings affect the proposed guardian, the person who may be placed under guardianship, and relatives or others involved in care and property decisions. Through our family law practice, we take a team-based approach to evaluating those interests and developing an appropriate legal strategy.

Which Type of Florida Guardianship May Be Appropriate?

The answer depends on who needs assistance and which decisions must be made. Courts may limit a guardian’s authority to specific areas rather than transfer every legal right.

Families may need to consider several distinct arrangements:

• Adult guardianship: An adult may need assistance when dementia, illness, disability, brain injury, or another condition limits the ability to make or communicate important decisions.
• Minor guardianship: Court involvement may be necessary when a child doesn’t have an available parent who can provide care or when a minor receives an inheritance, settlement, or other property requiring management.
• Guardian of the person: The court may authorize decisions involving medical care, personal services, living arrangements, and other aspects of the person’s welfare.
• Guardian of the property: The appointed guardian may receive authority to protect assets, manage finances, and complete required financial filings.
• Guardianship of the person and property: When supported by the evidence, the court may grant authority over both personal and financial matters.
• Guardian advocacy: This process may be available for certain people with developmental disabilities without a full adjudication of incapacity.

Before establishing an adult guardianship, the court considers whether less restrictive alternatives are available and sufficient. Depending on the circumstances, those alternatives may include a valid power of attorney, health care surrogate designation, trust, or advance directive.

How the Florida Adult Guardianship Process Works

An adult guardianship case generally begins with a petition asking the court to determine whether a person is incapacitated. Until the court decides that question, the individual is known as the alleged incapacitated person.

The court generally appoints an attorney to represent the individual and an examining committee to assess the person’s condition and functional abilities. At a hearing, the court reviews the petitions, committee reports, testimony, and other evidence before deciding whether incapacity has been established and whether guardianship is appropriate.

If the court appoints a guardian, it issues letters of guardianship identifying the authority granted. That authority may be limited to particular personal or financial decisions. Timing and filing requirements depend on the issues, available evidence, and court schedule.

What Guardians Must Do After Appointment

Appointment doesn’t end the court’s involvement. Guardians remain under judicial supervision and must act within the authority stated in the court order and letters of guardianship.

Ongoing responsibilities may include:

• Personal decision-making: Addressing authorized medical, residential, support, and welfare matters
• Property management: Safeguarding assets, maintaining records, paying authorized expenses, and managing finances
• Court reporting: Filing required plans, reports, verified inventories, or annual accountings
• Recordkeeping: Preserving documentation of decisions and financial transactions for court review

Specific duties depend on the type of appointment and the court’s orders. Failure to comply can lead to additional review, sanctions, or removal, so proposed guardians should understand their obligations before accepting the role.

How Our Team Approaches Guardianship Matters

These proceedings can involve sensitive family relationships, detailed evidence, and continuing court oversight. Sub:BusinessName} has served St. Augustine and surrounding communities for more than 30 years. Our six attorneys bring more than 85 years of combined practice experience across family law, civil litigation, criminal defense, and personal injury.

We work together to test ideas and refine legal strategies rather than treating each case as an isolated assignment. Partners Patrick Canan, Andrew Morgan, and Daniel Hilbert are licensed to practice in Florida. Our approach centers on clear communication, careful preparation, and respect for everyone involved.

Guardianship Oversight in St. Johns County

The St. Johns County Clerk’s Civil Division audits and monitors active guardianship files. Depending on the appointment, court review may include inventories, annual accountings, guardianship plans, and other required records.

Local cases may involve adults who can’t independently manage aspects of their care, minors who inherit property, or minors who receive personal injury settlements. Clerk procedures don’t replace case-specific legal advice about whether court intervention is necessary, which documents apply, or how a proposed arrangement may be evaluated.

Clarify the Right Path for Your Family

We can assess whether your situation involves a minor or adult, personal or property decisions, an existing guardianship, or a possible alternative. From there, we can explain the legal issues, the authority that may be required, and the steps that could follow.

We serve clients in St. Augustine, throughout St. Johns County, and across surrounding Northeast Florida communities.