Who Can Serve as Guardian of a Minor in Florida?

If a minor’s natural guardian becomes unable to serve as the custodian of a minor child, either as a result of death, disability, incarceration, or otherwise, the court can appoint a legal guardian to assume responsibility and care for the child.

Who Can Serve as a Guardian in Florida?

Although family members most commonly petition for guardianship of a minor, generally any competent adult who is a resident of Florida may serve as a guardian.

For Florida residents, there is no requirement that the guardian be a relative of the minor. A non-resident of Florida may serve as a guardian if he or she is directly related to the minor or is a legally adoptive parent of the minor.

Who Cannot Serve as a Guardian in Florida?

Florida law prevents an individual from serving a guardian if any of the following apply:

- The person has been convicted of a felony;

- The person is incapable of discharging the duties of a guardian due to incapacity or illness;

- The person is otherwise unsuitable to perform the duties of a guardian; or

- The person has been judicially determined to have committed abuse, abandonment, or neglect against a child.

If you have any questions about whether you qualify to serve as a guardian, call today for a free consultation.