The Short Answer

In Florida, if an adult relative cannot manage personal or financial affairs due to incapacity, the usual legal path is a court-supervised guardianship under Chapter 744—not a “conservatorship” for incapacity. Florida’s conservatorship law (Chapter 747) is generally aimed at protecting the property of an absentee, not someone who is present but incapacitated.

What Florida Law Says

Florida guardianship cases are designed to be protective and court-supervised. The court can appoint a guardian with authority that is limited to specific rights or plenary (broad), but the court must tailor the guardianship to be the least restrictive option consistent with the person’s welfare and safety.

The Statute

The primary law governing a petition to appoint a guardian is Fla. Stat. § 744.334.

This statute requires a verified petition that identifies the alleged incapacitated person, describes the nature and extent of the incapacity, states whether a limited or plenary guardianship is sought, lists next of kin, identifies the proposed guardian and why they should be appointed, and addresses alternatives to guardianship (like a durable power of attorney or advance directives) and why they are insufficient.

If you are hearing the term “conservatorship,” note that Florida conservatorships are addressed in Chapter 747 and are typically tied to an absentee and the need to protect that absentee’s property. For example, the court’s authority to appoint a conservator is described in Fla. Stat. § 747.02 (jurisdiction) and Fla. Stat. § 747.032 (order of appointment).

For a deeper comparison of guardianship and common alternatives, see: Guardianship vs. Durable Power of Attorney in Florida.

Why You Should Speak with an Attorney

While the statutes provide the framework, applying them to your family’s situation is rarely simple. Outcomes often depend on:

• Strict Requirements in the Petition: Florida law requires specific information in the guardianship petition, including the extent of guardianship requested and why alternatives are insufficient. Missing or inconsistent allegations can delay the case or create disputes. (See Fla. Stat. § 744.334.)
• Scope of Authority (Limited vs. Plenary): The court’s appointment order must specify what powers are granted and must be the least restrictive appropriate alternative—this is a legal and factual analysis, not just a family preference. (See Fla. Stat. § 744.2005.)
• Family Conflict and Notice Issues: Guardianship cases commonly involve objections from relatives and procedural notice requirements, which can quickly turn into contested litigation. (See, e.g., Fla. Stat. § 744.3371.)

Because guardianship can remove important legal rights and creates ongoing court supervision, it’s worth having a Florida probate/guardianship attorney evaluate whether guardianship is necessary, what type is appropriate, and how to present the case in a way that protects your relative and reduces the risk of delays or disputes.

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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.