Guardianship in Tampa

Board-Certified Family Law Leadership for Tampa Guardianship Matters

Guardianship proceedings require careful attention to family circumstances, individual rights, and court-imposed responsibilities. At Givens Law Group, we represent individuals and families in Tampa who are navigating these matters. Stann W. Givens is Board Certified in Marital and Family Law by The Florida Bar. That certification is specific to marital and family law, and his background informs our disciplined approach to guardianship proceedings.

Our attorneys bring more than 75 years of collective family law experience. We pursue efficient, cooperative solutions when circumstances permit. When a hearing or trial is necessary, we’re prepared to present the relevant facts and legal issues to the court.

Call (813) 328-6159 to discuss your guardianship concern with our attorneys. We can review the circumstances and explain a potential legal path.

What Guardianship Means Under Florida Law

Florida guardianship law is primarily set out in Chapter 744 of the Florida Statutes. Guardianship may be sought for a minor who needs a legal guardian or for an adult whom the court determines needs assistance managing personal or property-related matters. The person placed under guardianship is known as the ward.

Letters of guardianship are court documents that define the guardian’s powers. They specify whether those powers concern the person, the property, or both, and whether the appointment creates a limited or plenary guardianship.

The scope of a guardian’s responsibilities may include:

• Guardian of the person: Responsibility for personal matters specifically delegated by the court.
• Guardian of the property: Responsibility for assets and financial matters specifically delegated by the court.
• Limited guardianship: Power to exercise only the rights identified in the court’s order.
• Plenary guardianship: Broader power to exercise rights delegated after the court determines that a person lacks capacity to exercise them.

A guardian serves as a fiduciary and has a legal duty to act in the ward’s best interests. The guardian may exercise only the rights delegated by the court and remains subject to court supervision.

The Guardianship Process in Tampa & Hillsborough County

During an initial consultation, we ask about your relationship to the matter, any prior court involvement, and your goals. We then outline a legal path based on the available facts and applicable requirements. The specific steps depend on the type of guardianship and the issues before the court.

A Florida proceeding may involve a petition, formal notice, court review, and an examining committee. An examining committee is a court-appointed group that evaluates an adult’s capacity and reports its findings. The court may also appoint a guardian ad litem, an independent person assigned to represent or investigate interests identified by the court.

Hillsborough County guardianship cases are heard in the Probate, Guardianship, Mental Health and Trust Division of the Thirteenth Judicial Circuit at the George E. Edgecomb Courthouse. The Hillsborough County Clerk of the Circuit Court and Comptroller handles filings and maintains court records. Appointment decisions and the timing of proceedings depend on the facts, statutory requirements, and court review.

Initial Reports After Appointment

A guardian must file an initial guardianship report within 60 days after the letters of guardianship are signed. A guardian of the property files an inventory identifying guardianship assets. A guardian of the person files an initial guardianship plan addressing the personal matters within that guardian’s court-delegated responsibilities.

Alternatives to Guardianship & Ongoing Duties

Florida law favors the least restrictive form of guardianship needed when a person is partially unable to care for personal needs. Depending on the circumstances, a legal evaluation may consider:

• A power of attorney
• A health care surrogate designation
• A trust
• A guardian advocate arrangement

These options aren’t automatic substitutes for guardianship. Their suitability depends on existing documents, capacity, and the person’s needs.

A guardian’s responsibilities continue after appointment. Fraud in obtaining the appointment, failure to perform required duties, misuse of delegated powers, or incapacity that prevents the guardian from serving may provide grounds for removal. A successor guardian must be appointed and qualified before the prior guardian is relieved of the role.

Discuss a Tampa Guardianship Concern with Our Attorneys

We can assess the family circumstances, existing legal documents, and prior court activity before explaining possible next steps. Our approach remains solution-oriented while accounting for the hearings and court supervision a guardianship matter may require. Our contact form is available for written consultation requests.

Call (813) 328-6159 to request a consultation with Givens Law Group about guardianship in Tampa.