The Short Answer

Possibly—but not automatically. In Florida, the authority to sell (or consent to selling) an incapacitated person’s real-property interest generally belongs to a guardian of the property (estate), and the sale typically requires prior court approval.

A guardian of the person may be appointed as guardian of the property as well, but the court must grant that role and the letters of guardianship must authorize it.

What Florida Law Says

Florida guardianships often split responsibilities: a guardian of the person handles personal and health-related decisions, while a guardian of the property manages assets and financial decisions. When the issue is selling real estate (or a life estate interest), Florida law generally treats that as a property power that requires a court-authorized guardianship action.

The Statute

The primary law governing this issue is Fla. Stat. § 744.441.

This statute establishes that, after obtaining court approval, a guardian of the property may take certain actions on behalf of the ward—including the power to sell, mortgage, or lease real property or any interest in it. See Fla. Stat. § 744.441(12).

In addition, Florida has a specific statute addressing a guardian’s petition for authority to sell a ward’s real estate: Fla. Stat. § 744.631. It reflects the broader point that selling a ward’s real estate is a court-supervised transaction and must be justified as financially beneficial to the ward’s estate.

Because your question involves an incapacitated life tenant, the analysis also often turns on what exactly is being sold (the life estate only, the remainder interest, or the entire fee with all interest-holders participating) and whether the court will approve the transaction as being in the ward’s best interests.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying it to a life-estate situation is rarely simple. Legal outcomes often depend on:

• Strict Court-Approval Requirements: A guardian generally needs a court order before selling a ward’s real property interest. See Fla. Stat. § 744.441(12) and § 744.631.
• Burden of Proof / Best-Interest Showing: The court will scrutinize whether the sale is necessary or financially beneficial to the ward and whether the terms are fair—especially when the ward owns a limited interest like a life estate.
• Title and Interest-Holder Issues: A life tenant’s consent may not be the only consent required. Remaindermen, co-owners, homestead considerations, and the exact deed language can change what can be sold and how proceeds must be handled.

Trying to handle this alone can lead to a rejected contract, a delayed closing, or a court denial—sometimes after significant time and expense. A Florida probate/guardianship attorney can evaluate the deed, the guardianship order/letters, and the proposed transaction structure to reduce risk and get the right approvals.

If you want more background on court involvement in selling property when someone is under guardianship, you may also find this helpful: Can I sell a co-owned Florida property if my parent is under guardianship?

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.