West Palm Beach Guardianship Attorney

Being told you need to “get guardianship” is overwhelming. Whether it’s a child who’s lost their parents, an aging loved one who’s slipping mentally, or a young adult with special needs turning 18, what you’re really being asked to do is take legal responsibility for another person’s life.

And if you’re like most people, you don’t know where to begin.

At Simko Law Group, we help everyday people in West Palm Beach get through Florida’s guardianship process with clarity, confidence, and control. Whether you’re trying to protect a parent, child, or vulnerable adult, we’re here to help you do it legally—and without losing your sanity in the process.

What Is Guardianship and When Is It Needed in West Palm Beach?

In Florida, guardianship is a legal process where the court gives one adult (the guardian) authority to make decisions for another person (the ward) who cannot manage their own affairs.

This might be necessary when:

A child’s parents are deceased or unfit
An elderly adult has dementia or Alzheimer’s
A person with developmental disabilities turns 18
Someone is seriously injured and incapacitated

Guardianship can be temporary or long-term—and it’s always supervised by the court. That’s why having the right lawyer matters. You’re not just filling out paperwork. You’re taking on a legal role with real responsibilities.

Florida Statutes Chapter 744 contains the guardianship laws outlining who can serve as a guardian, how incapacity is determined, what responsibilities a guardian has, and how the court supervises these relationships.

Types of Guardianship in Florida

Florida recognizes several types of guardianship depending on the person’s age, condition, and needs:

Guardianship of a Minor – Used when a child’s parents are deceased, incarcerated, incapacitated, or otherwise unavailable.
Guardianship of an Adult – For individuals who are found legally incapacitated, often due to age or medical condition.
Guardian Advocacy – Per Florida Statutes § 393.12, a parent, family member, or caregiver can be appointed to help an adult with a developmental disability make decisions. (This doesn’t require a full incapacity hearing, but the court still reviews the individual’s abilities and the type of support needed.)
Emergency/Temporary Guardianship – Appointed fast when there’s an immediate risk to a person’s health, safety, or property. It’s short-term (usually 90 days) and requires the court to outline the specific powers granted.
Voluntary Guardianship – When a competent adult voluntarily petitions for someone else to manage their affairs through a power of attorney or advance directives.
Limited vs. Plenary Guardianship – A limited guardian only handles certain tasks (e.g., finances), while a plenary guardian has all legal authority the court is allowed to delegate, meaning they handle every major personal and financial decision for the ward.

How Guardians Are Appointed in Palm Beach County

The process of becoming a guardian involves multiple legal steps and strict court oversight. Here’s what typically happens in Palm Beach County:

File a petition with the probate/guardianship division of the court.
The court appoints a committee to evaluate the alleged incapacitated person (for adult cases).
The person has the right to an attorney and a hearing.
If found incapacitated, the court will decide what type of guardianship is needed.
You may be required to submit an Initial Guardianship Plan, post a bond, or complete guardian education courses.
Once appointed, the court issues letters of guardianship.

The entire process can take weeks or months, depending on complexity and whether the case is contested.

Your Rights (and Responsibilities) as a Guardian in Florida

Becoming a guardian means more than just stepping in—it means following the law closely and reporting back to the court.

Key responsibilities include:

Making educational and legal decisions (for minors)
Keeping detailed records of all financial transactions
Managing the ward’s finances, medical care, and housing
Filing an Initial Guardianship Plan, inventory of assets, and annual reports
Seeking court approval for major decisions (like moving out of state or selling property)

Failing to meet these obligations can result in penalties—or even removal. Florida’s guardianship monitoring program exists specifically to ensure guardians are acting in the ward’s best interest.

What a Guardianship Lawyer Actually Does for You

Guardianship means more than putting your name on paperwork. It’s a legal responsibility that can go sideways fast if you’re not careful.

Here’s how a lawyer helps:

Prepares you for hearings and investigations
Handles all filings and deadlines with the court
Ensures compliance with reporting rules and audits
Advises on what powers you have and what limits apply
Guides you through the incapacity determination process
Helps you respond to family objections or contested cases

At Simko Law Group, we also help prevent delays or denials that can happen when you try to handle this on your own.

West Palm Beach Guardianship Cases We Handle

We represent clients in all types of guardianship matters, including:

Initial Guardianship Plans, annual reports, and bond postings
Guardianship of a minor (including grandparents or non-relatives)
Termination or modification of existing guardianships
Adult guardianship due to incapacity or illness
Guardian advocacy for special needs adults
Emergency and temporary guardianship
Contested guardianship disputes

Whether your case is straightforward or highly contested, we’ll walk you through every step.

Why Choose Simko Law Group for Your Guardianship Case?

Here’s what sets us apart:

We know the Palm Beach County court system—including what specific judges expect.
You’re not just a case number. We offer responsive, strategic support.
We’ve worked both sides. As former prosecutors, we understand how the court builds its case—and how to protect your interests.
We fight for the right outcome. Whether that’s a full guardianship, a limited role, or a negotiated solution.

Talk to a Local Guardianship Attorney Today—Your Family Deserves Protection

Whether you’re preparing for the future or facing a crisis today, our team at Simko Law Group is here to help you protect the people who matter most.

Don’t try to take on Florida’s guardianship system alone. Get the clarity, advocacy, and guidance you deserve.

Call Simko Law Group at (561) 951-1264 today for your free 60-minute case consultation.

West Palm Beach Guardianship Attorney FAQs

How long does it take to establish guardianship in West Palm Beach?

It depends on the type of guardianship and whether anyone contests it. Most uncontested cases take 4–12 weeks. Contested or complex cases (such as adult incapacity disputes) may take several months.

What’s the difference between guardianship and power of attorney?

Power of attorney (POA) is a voluntary agreement signed by a competent adult. Guardianship, on the other hand, is a court process that removes a person’s rights because they are deemed incapacitated. POA is often preferred—but once someone becomes incapacitated, only guardianship may be an option.

How much does it cost to file for guardianship in Florida?

Court filing fees in Florida usually range from $200 to $400, but you’ll also need to budget for costs like medical evaluations, guardian education courses, and background checks—which can vary between locales.

What forms are required to file for guardianship in Florida?

Common forms include:

Petition for Appointment of Guardian
Petition to Determine Incapacity
Initial Guardianship Plan
Financial Inventory
Oath of Guardian

Can a non-relative get guardianship of a minor in West Palm Beach?

Yes, non-relatives—such as godparents, stepparents, or close family friends—can file for guardianship. The court will evaluate what’s in the child’s best interest, especially if no biological parent is available or fit.

What happens to guardianship if the biological parent returns?

A biological parent can petition the court to terminate guardianship if they can show the court they are fit and capable. However, guardianship remains in place unless the court formally ends it.

How is an adult deemed incapacitated under Florida law?

Three professionals (usually a doctor, psychologist, and social worker) evaluate the person. A court-appointed committee—typically including a physician and other qualified experts—evaluates whether the person can manage their own affairs. The judge then reviews the findings and makes a decision based on clear and convincing evidence, which is the legal standard in Florida.

Do parents automatically become guardians when a disabled child turns 18?

No. Once a child turns 18, they are a legal adult—even if they have disabilities. Parents must file for guardian advocacy or traditional adult guardianship to continue making legal decisions.

How do I challenge an existing guardianship in West Palm Beach?

You can file a motion to challenge a guardian’s appointment, request a new guardian, or argue that the ward no longer needs guardianship. It’s essential to act quickly and consult a West Palm Beach guardianship attorney.

Where is the guardianship court in West Palm Beach located?

Most guardianship cases in West Palm Beach are heard at the Palm Beach County Main Courthouse, located at 205 N. Dixie Highway. The Probate Division handles all filings and hearings.