Guardianship and conservatorship in Florida: who, where, cost
How a court can name a guardian or conservator in Florida, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Guardian of the person, guardian of the property, plenary or limited guardian, emergency temporary guardian, preneed guardian, guardian advocate (developmental disabilities)
- Filing fee
- Clerk filing fees may not exceed $395 for guardianship of property or plenary guardianship, $230 for guardianship of the person only, and $230 for a petition to determine incompetency, plus a $4 service charge.
- Court
- Circuit court (probate division) in the county where the person lives.
What guardianship or conservatorship is
- What it is called
Guardian of the person, guardian of the property, plenary or limited guardian, emergency temporary guardian, preneed guardian, guardian advocate (developmental disabilities)
- When a court may appoint one
An incapacitated person is someone a court has found lacks the capacity to manage at least some of their property or to meet at least some essential health and safety needs. The court removes only the rights the person cannot exercise, based on clear and convincing evidence and an examining committee. A guardian may not be appointed if an alternative to guardianship (such as a power of attorney, trust, health care surrogate or supported decisionmaking) will sufficiently address the problems, and the order must be the least restrictive appropriate alternative.
- Kinds
- Plenary guardianship
- Limited guardianship
- Emergency temporary guardianship (imminent danger)
- Voluntary guardianship of property for a competent adult who asks for it
- Guardian advocate for a person with a developmental disability (no incapacity finding)
Law: Fla. Stat. §§ 744.102, 744.3201, 744.331, 744.3031, 744.341, 744.3085
Who can ask, which court and your own choice
- Who may ask
Any adult may file a petition to determine incapacity. The petition must say whether the person uses supported decisionmaking or other help and why that is not enough.
- Court
Circuit court (probate division) in the county where the person lives.
- Choosing your own
While competent you can name a preneed guardian in a written declaration signed in front of two witnesses present at the same time, and file it with the clerk of court. It creates a rebuttable presumption that your choice should serve.
Law: Fla. Stat. 744.3045
- Effect on a power of attorney
Filing a petition to determine incapacity suspends the power of attorney until the court acts, except when the agent is your parent, spouse, child or grandchild, whose authority is suspended only if a sworn motion is filed. A finding of incapacity ends the power of attorney unless the court lets the agent keep some powers. Health care authority continues unless the court orders otherwise.
Law: Fla. Stat. 709.2109, 744.3203
Cost, fee waiver and forms
- Filing fee
Clerk filing fees may not exceed $395 for guardianship of property or plenary guardianship, $230 for guardianship of the person only, and $230 for a petition to determine incompetency, plus a $4 service charge.
Law: Fla. Stat. 28.2401
- Fee waiver
You can apply to the clerk of court for civil indigent status to defer court fees.
- Steps
Other options and where to report abuse
- Supported decision-making
Supported decisionmaking agreement
Effective July 1, 2024
A supported decisionmaking agreement lets someone you choose get your information (such as health and school records) and help you communicate your own decisions to others. The person cannot sign or act for you. It is not durable.
It is a power of attorney that only lets the agent receive information and help you communicate, so it is signed like a power of attorney: two witnesses and a notary.
Source: Official text
- Less restrictive options
- Durable power of attorney: You name an agent for property and money; a court may treat it as an alternative to guardianship.
- Health care surrogate designation: You name someone to make health care decisions if you cannot.
- Supported decisionmaking agreement: A trusted person gets your information and helps you communicate your own decisions.
- Guardian advocate: For an adult with a developmental disability, a court can appoint a guardian advocate without a finding of incapacity.
- Voluntary guardianship: A competent adult who cannot manage property because of age or physical infirmity can ask the court for a guardian of the property.
- Report abuse or exploitation
Florida Abuse Hotline (Department of Children and Families, Adult Protective Services) · 1-800-962-2873
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Law: Fla. Stat. §§ 709.2201(2)(d), 709.2209
Free help in Florida
- Florida Law Help (legal aid directory)
- FloridaHealthFinder (AHCA): Health Care Advance Directives guide and forms
- Ninth Judicial Circuit: Guardianship and Guardian Advocacy
Report abuse or exploitation
Florida Abuse Hotline (Department of Children and Families, Adult Protective Services) · 1-800-962-2873
Questions about powers of attorney in Florida
How does guardianship or conservatorship work in Florida?
An incapacitated person is someone a court has found lacks the capacity to manage at least some of their property or to meet at least some essential health and safety needs. The court removes only the rights the person cannot exercise, based on clear and convincing evidence and an examining committee.
What does a guardianship or conservatorship cost in Florida?
Clerk filing fees may not exceed $395 for guardianship of property or plenary guardianship, $230 for guardianship of the person only, and $230 for a petition to determine incompetency, plus a $4 service charge.
What are the alternatives to guardianship in Florida?
Durable power of attorney; Health care surrogate designation; Supported decisionmaking agreement; Guardian advocate; Voluntary guardianship.