When A Court Appoints A Guardian
Fla. Stat. 744.331 — clear and convincing evidence, right by right, and no guardian where an alternative works
Right by right. Partial or total incapacity is established by clear and convincing evidence, and the court enters a written order on the particular rights, or all rights, the person is incapacitated to exercise. The examining committee evaluates the person's ability to retain rights such as the right to marry.
No guardian where an alternative works. Where the person cannot exercise delegable rights, the court considers whether an alternative to guardianship will sufficiently address the problems. A guardian may not be appointed if one will.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Florida attorney.
Sources for this section (1)
- Fla. Stat. 744.331 — Procedures to determine incapacity
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.