That court order you worked so hard to get? In Florida, it has no legal authority until a Florida court says it does.

This is not a technicality. This is a legal gap that can leave your loved one unprotected, and leave you unable to make medical decisions, access bank accounts, or manage their care.

Here is what you need to know, and what you need to do.

Why Florida Is Different From Almost Every Other State

Forty-six states have adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). This act was designed to streamline guardianship transfers between states through a simple exchange of paperwork.

Florida is not one of those states.

Because Florida has not adopted the UAGPPJA, there is no streamlined transfer process. Instead, you must petition a Florida circuit court for a brand-new determination of incapacity and a brand-new appointment of guardian under Chapter 744 of the Florida Statutes.

In practical terms, this means:

• • Your existing guardianship order from the other state is not enforceable in Florida
• • You need to file a new Petition to Determine Incapacity in the Florida county where the ward resides
• • A three-member examining committee will evaluate the ward under F.S. §744.331
• • A Florida judge will hold an adjudicatory hearing and issue a new guardianship order
• • You will need to comply with all Florida guardianship reporting, bonding, and inventory requirements going forward
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Yes, even if you have been serving as guardian for years. Even if the ward’s condition has not changed. Even if the other state’s guardianship is still technically active.

Florida starts from scratch.

What Happens If You Do Nothing

This is the part that scares families, and it should.

If you relocate your ward to Florida and do not establish a Florida guardianship, you may find yourself unable to:

• • Authorize medical treatment or surgery at a Florida hospital
• • Manage your ward’s bank accounts or financial affairs in Florida
• • Place your ward in a Florida assisted living facility or memory care unit
• • Sell, lease, or manage Florida real property on behalf of the ward
• • Make end-of-life medical decisions if a crisis occurs
•  

Florida doctors, banks, and care facilities are not required to honor a court order from another state. Most will not. They will ask for a Florida court order, and if you do not have one, you are stuck.

In the worst case, if your ward needs emergency medical care and you cannot prove legal authority in Florida, the hospital may petition the court to appoint an emergency temporary guardian. That guardian may not be you.

The Step-by-Step Process for Establishing Guardianship in Florida

Step 1: Retain a Florida guardianship attorney. You need counsel licensed in Florida who understands Chapter 744. Your attorney from the original state cannot represent you in Florida courts.

Step 2: Gather your existing guardianship documents. Certified copies of the original petition, the order of incapacity, the order appointing you as guardian, any guardianship plans, and annual reports. The more complete your file, the smoother the process.

Step 3: File a Petition to Determine Incapacity. Your Florida attorney files this in the circuit court of the county where the ward now lives (e.g., Miami-Dade County if you relocated to Coral Gables, Kendall, Doral, or surrounding areas).

Step 4: The examining committee. Under F.S. §744.331, the court appoints a committee of three professionals (typically a physician, a psychiatrist, and a nurse or social worker) to evaluate the ward. Their report is filed with the court.

Step 5: Adjudicatory hearing. The Florida judge reviews the examining committee’s findings and holds a hearing. The ward has the right to attend, be represented by an attorney, and contest the proceedings. If the court finds incapacity, it will appoint a guardian.

Step 6: Post-appointment compliance. Once appointed, you must file an initial guardianship plan (F.S. §744.363), a verified inventory of all the ward’s assets (F.S. §744.365), and may be required to obtain a surety bond. Annual guardianship reports and accountings are required every year under F.S. §744.367.

Step 7: Close the out-of-state guardianship. Once the Florida guardianship is established, work with your original attorney to terminate the guardianship in the other state. You do not want to be reporting to two courts indefinitely.

How Long Does It Take? What Does It Cost?

An uncontested guardianship establishment in Florida typically takes 60 to 90 days from filing to appointment. If the ward’s incapacity is clear and well-documented from the prior state’s proceedings, and no family members contest the petition, the timeline may be shorter.

Costs include attorney fees, court filing fees (approximately $400 in most Florida counties), examining committee fees ($500 to $1,500 per examiner), and potential bonding costs. Every case is different, and we provide a detailed fee estimate during the initial consultation so you know what to expect before you commit.

What If the Guardianship Is for a Minor Child?

Guardianships for minors follow a somewhat different process under F.S. §744.3021 (Guardians of Minors). If you have guardianship of a minor child from another state and you have relocated to Florida, the same principle applies: you need a Florida court to recognize your authority. The good news is that minor guardianship proceedings tend to be faster and simpler than adult incapacity cases, especially when the guardianship is uncontested.