Last Updated: December, 2025
When you’re a parent, one of your top priorities is ensuring your children are well taken care of—especially if something were to happen to you. Guardianship is an essential aspect of estate planning in Florida, especially for parents of minor children. In this article, we’ll explain how guardianship works in Florida and why it’s crucial to have a plan in place.
Key Takeaways
● This article provides general educational information under Florida law
● Estate and business planning decisions require individualized strategy
● Planning is about clarity and control — not just documents
● Legal guidance is provided through attorney-led strategy sessions
What Is Guardianship in Florida?
In Florida, guardianship refers to the legal responsibility of caring for a minor child in the event that the parents are unable to do so. This could happen due to death, incapacity, or other unforeseen circumstances. Guardianship ensures that someone you trust will take over your role as a parent, making decisions for your child’s well-being and managing their assets, if applicable.
Types of Guardianship for Minor Children in Florida
- Guardianship of the Person
This type of guardianship gives the appointed guardian the authority to make decisions related to your child’s daily life, including education, healthcare, and general welfare.
2. Guardianship of the Property
If your child inherits property, money, or assets, a guardian of the property is responsible for managing those assets until the child reaches the age of majority 18 in Florida.
3. Plenary Guardianship
In cases where both the guardianship of the person and property are needed, the court may appoint a plenary guardian, who will have full responsibility over both aspects.
How to Designate a Guardian for Your Child in Florida
To designate a guardian for your minor children in Florida, you can include this designation in your will. It’s important to clearly specify your wishes in writing to avoid potential conflicts or confusion among family members.
In your will, you can:
- Name a guardian for your child.
- Name an alternate guardian in case the primary choice is unable or unwilling to serve.
- Specify any special needs or considerations that the guardian should be aware of.
Why Is Guardianship Important?
If you don’t designate a guardian for your minor children, Florida’s courts will decide who cares for them based on the best interest of the child. This can lead to long delays, disputes among family members, and even potential placements with people you would not have chosen.
Having a guardianship designation in your will ensures that your children are taken care of by someone you trust and who aligns with your values.
Guardianship in Florida
Guardianship laws in Florida can be complex, and it’s important to have an estate plan that reflects your family’s needs. If you live in Florida, whether in Coral Springs, Broward County, or another area, working with a local estate planning attorney ensures your guardianship wishes are legally binding and clear.
Ensure Your Children’s Future with a Guardianship Plan
As a parent, designating a guardian for your minor children is one of the most important decisions you can make. Protect your family’s future by consulting with a trusted estate planning attorney in Florida to create a will that includes your guardianship wishes.
Attorney Sonia Muñoz Gallagher works with Florida families, business
owners, and medical professionals to provide strategic legal guidance
designed to prevent crisis-driven decisions and unnecessary court
involvement.
Want clarity before making decisions?
Attend a free estate planning or business planning webinar hosted by Attorney Sonia Muñoz Gallagher.
👉 Register here
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