Providing Legal Support with Compassion and Clarity
When a loved one cannot make decisions—whether due to age or medical challenges—or when children face uncertain futures, the legal system steps in. At the Law Office of Nia D. Johnson, PLLC, we guide families through guardianship and incapacity proceedings with both sensitivity and precision.
What Is Guardianship?
Guardianship is a legal process where a court appoints someone (the guardian) to make decisions for:
- A minor (child) whose parents are unable or unavailable to act for them, or when a child inherits funds or assets above certain thresholds; or
- An adult whose cognitive or functional abilities have declined to the point where they need another person to manage their affairs.
Guardians may be responsible for personal matters (like healthcare and living arrangements) and/or property decisions (managing finances or assets).
When Does a Child Need a Guardianship?
- Children are generally under the care of their parents. However, if both parents become unavailable (due to death or incapacity) or if the child receives an inheritance or settlement over $15,000, the court must appoint a guardian to protect both their welfare and assets.
- Parents can proactively streamline this process by filing a written declaration naming a preferred guardian to step in if needed, or by including a designation in their last will and testament.
Adult Guardianship & Incapacity
- Guardianships for adults are only considered after a court determines the individual truly cannot make sound decisions for themselves.
- Whenever possible, and before establishing guardianship, courts seek less restrictive alternatives—such as a Durable Power of Attorney, Health Care Surrogate, Trust, or other advance directives—to protect autonomy while still providing support.
How We Help
Our firm supports you every step of the way:
Evaluation & Strategy
- We assist in assessing whether guardianship is necessary, or if alternative legal tools better serve the situation.
- When needed, we help with formal petitions and court filings to determine incapacity.
Guardianship Planning
- For minors: We guide you through naming and appointing a guardian and secure protections for their inheritance.
- For adults: We work with healthcare providers and loved ones to evaluate capacity, present evidence, and establish a court-approved plan.
Court Representation
- We manage the entire legal process: preparing petitions, presenting testimony, gathering evidence, and advocating in court on your behalf.
Ongoing Support
- Once guardianship is granted, we advise on the duties and responsibilities of a guardian—ensuring compliance with legal requirements and promoting the best interests of the ward.
FAQs
What is a Guardianship?
Guardianship is a legal process in Florida courts where a guardian is appointed to manage the personal and/or financial affairs of a minor or an incapacitated adult.·Guardianship is only warranted when no less restrictive alternative—such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive is found by the court to be appropriate and available.
What is a Pre-Need Guardian Designation?
Some states allow you to name a potential guardian in advance for yourself in case of future incapacity or for your children in case of your incapacity, incarceration or death. If you do not designate a guardian, the court may appoint one if and when it becomes necessary.
What is a Guardian?
A guardian is an individual or institution (such as a nonprofit or bank trust department) appointed by the court to care for an incapacitated person or minor (called a ward) or to manage the ward’s person and property.
When is a guardianship required for a Minor?
If a child’s parents die, become incapacitated, incarcerated, or otherwise unable to care for the child’s person or property, or if the child receives an inheritance or lawsuit settlement of over $15,000, the court may appoint a guardian. Parents can also pre-designate a guardian in writing with a Pre-need Designation file with the Court or in their Will.
