Guardian of the Person vs. Guardian of the Estate in Florida: What's the Difference?

When a loved one is unable to make decisions for themselves, the court may appoint a guardian to protect their well-being and finances. In Florida, guardianship is a legal process that allows a responsible individual to make decisions on behalf of a minor or an incapacitated adult.

However, not all guardians have the same responsibilities. Depending on the person's needs, the court may appoint a Guardian of the Person, a Guardian of the Estate, or one individual to serve in both roles.

What Is a Guardian of the Person?

A Guardian of the Person is responsible for making decisions about an individual's personal care and daily life. Their primary responsibility is to ensure the person's health, safety, and overall well-being.

A Guardian of the Person may be responsible for:

• Deciding where the person will live

• Arranging medical and dental care

• Making healthcare decisions

• Ensuring the individual receives proper food, clothing, and personal care

• Coordinating educational or social services, when appropriate

• Advocating for the person's quality of life

For example, if an elderly parent develops advanced dementia and can no longer make informed healthcare decisions, the court may appoint a Guardian of the Person to oversee their care and medical treatment.

What Is a Guardian of the Estate?

A Guardian of the Estate manages the financial affairs and property of the person under guardianship.

This role focuses on protecting assets and making financial decisions in the individual's best interests.

Responsibilities may include:

• Paying bills and ongoing expenses

• Managing bank accounts

• Collecting income or benefits

• Protecting investments and real estate

• Filing tax returns when required

• Keeping detailed financial records

• Providing accountings to the court as required by Florida law

Because a Guardian of the Estate has control over another person's finances, Florida courts closely supervise these responsibilities to help prevent financial abuse or mismanagement.

Can One Person Serve as Both?

Yes. In many Florida guardianship cases, the court appoints one qualified individual to serve as both Guardian of the Person and Guardian of the Estate.

However, the court may appoint different people if it believes separating the responsibilities is in the best interest of the individual.

For example, one family member may have experience managing finances, while another may be better suited to oversee healthcare and daily living decisions.

When Is Guardianship Necessary?

Guardianship is generally considered a last resort because it removes certain legal rights from the individual.

Before establishing a guardianship, Florida courts often consider whether less restrictive alternatives are available, such as:

• Durable Power of Attorney

• Health Care Surrogate Designation

• Revocable Living Trust

• Other advance planning documents

Having these documents prepared before incapacity occurs may help families avoid the need for a full guardianship proceeding.

Planning Ahead Can Protect Your Family

No one expects to lose the ability to make personal or financial decisions. However, planning ahead can give your loved ones clear legal authority to help when it becomes necessary.

If a guardianship cannot be avoided, understanding the difference between a Guardian of the Person and a Guardian of the Estate can help families better navigate the process and protect the interests of someone who can no longer care for themselves.

Every family's situation is unique, and the appropriate legal solution depends on the individual's circumstances. Speaking with an experienced Florida estate planning and guardianship attorney can help you understand your options and prepare for the future with confidence.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.