Florida Guardianship vs Conservatorship Explained

Florida Uses Guardianship for Adult Protective Proceedings

If you are searching for "conservatorship in Florida," note that Florida's general adult incapacity proceeding uses guardianship of the person and/or property under Chapter 744. Florida also has a narrower Chapter 747 conservatorship for absentees; it is not the general adult protective proceeding used in states like California. Many states split protective proceedings into guardianship (authority over personal decisions) and conservatorship (authority over financial decisions). Florida handles both under a single guardianship framework governed by Chapter 744 of the Florida Statutes.

In Florida, a guardian of the person makes medical, residential, and personal care decisions. A guardian of the property manages finances, assets, and legal transactions. The court can appoint one person for both roles, separate people for each, or limit the appointment to only the areas where the individual lacks capacity.

If you are coming from a state like California or Colorado that uses the conservatorship label for financial management, the Florida equivalent is guardianship of the property.

How the Examining Committee Works

Standard guardianship under Chapter 744 requires a three-member examining committee before the court can adjudicate incapacity. The court appoints this committee within five days of the petition being filed.

At least one member must be a licensed physician or psychiatrist. The remaining two can be psychologists, gerontologists, advanced practice registered nurses, or licensed social workers. Each member independently evaluates the alleged incapacitated person, reviews their medical history, and files a detailed written report within 15 days.

The examining committee's findings carry significant weight. If a majority of the committee determines that the individual is not incapacitated, the court must dismiss the petition — regardless of what the family believes about their loved one's abilities. This is a deliberate safeguard against unnecessary guardianship.

The committee evaluates the individual's ability to exercise specific rights: the right to contract, manage property, determine residence, consent to medical treatment, make social decisions, travel, and vote. The court then uses these findings to tailor the guardianship order, removing only the rights where incapacity is demonstrated by clear and convincing evidence.

The examining committee process typically costs between $500 and $1,500, with fees billed to the ward's estate or covered by the state if the ward qualifies for civil indigent status.

Guardian Advocacy Skips the Examining Committee

Families of individuals with qualifying developmental disabilities — intellectual disability, autism, cerebral palsy, Down syndrome, spina bifida, Phelan-McDermid syndrome, or Prader-Willi syndrome manifested before age 18 — can use guardian advocacy under F.S. § 393.12 instead.

Guardian advocacy does not require an examining committee. There is no formal adjudication of incapacity. The court reviews the petition, the attached medical and educational documentation (typically the IEP and APD records), and the report from the ward's court-appointed attorney.

This streamlined process is faster (45 to 60 days versus several months), less expensive (no examining committee fees), and less invasive (no "incapacity" label attached to the individual). The trade-off: guardian advocacy is only available for the seven qualifying developmental diagnoses under F.S. § 393.063. Individuals with mental health conditions, traumatic brain injuries, or learning disabilities that do not meet the developmental disability definition must use the standard Chapter 744 process.

Comparing Florida to Other States

In states with conservatorship:

• California splits into guardianship of the person and conservatorship of the estate under separate petition types
• New York uses Article 81 guardianship (covers both personal and property decisions) and has a separate Article 17-A guardianship for individuals with intellectual disabilities
• Colorado uses both guardianship and conservatorship as separate proceedings with separate petitions

Florida's unified system means families file one set of petitions in one probate court. The court determines whether the guardian should have authority over the person, property, or both. For families navigating across state lines — military families, families with property in multiple states — Florida's consolidated approach simplifies the process but requires understanding that "guardianship" in Florida encompasses what other states call conservatorship.

Which Path Is Right for Your Situation

The choice between guardian advocacy and standard guardianship starts with the individual's diagnosis, but the court still tailors any delegated rights to the person's specific decision-making needs. A person with severe autism who requires 24-hour care uses the same guardian advocacy pathway as a person with mild intellectual disability who needs help only with medical decisions — as long as both have qualifying developmental diagnoses.

If the diagnosis does not qualify for Chapter 393, the standard Chapter 744 guardianship with its examining committee requirement is the only court path. In either case, the court must first consider whether Supported Decision-Making, a Durable Power of Attorney, or a Healthcare Surrogate designation can meet the individual's needs without court intervention.

Planning Your Approach

Understanding which legal framework applies to your situation — and what alternatives exist outside the court system entirely — is the first step in protecting your family member's rights while securing the support they need.

Get the complete Florida guardianship planning toolkit with side-by-side comparisons, decision worksheets, and filing checklists for both guardian advocacy and standard guardianship.

See more Florida guides →