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From Petition to Practice: A Florida Lawyer’s Guide to Guardianship Proceedings

This session gives collaborating professionals a clear understanding of how guardianship works in Florida, and when it becomes an essential tool to protect individuals who cannot safely make decisions for themselves. Attendees will learn what guardianship is, the different types that may be used, how the legal process unfolds, and what rights may be affected when a guardian is appointed utilizing Florida statutes and legal expertise. The presentation also covers practical applications for attorneys, special court authorities, and alternatives to guardianship that may be more appropriate in certain situations, and discusses the differences between Guardianship Laws in different states.

Duration of this webinar: 60 minutes

Originally broadcast: January 20, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Craig Robinson, a partner at Robinson & Casey, PLLC, specializes in helping families with addiction and mental health issues through guardianship proceedings. He outlines the objectives of the presentation, focusing on types of guardianship in Florida and the guardianship process. He explains that guardianship is a legal relationship where a guardian makes decisions for a ward who cannot manage their own affairs. Craig details the rights affected by guardianship and the importance of preserving the dignity of individuals who cannot make decisions independently.

08:40 Emergency Temporary Guardianship

Craig elaborates on emergency temporary guardianship (ETG) in Florida, which is granted when there is imminent danger to a person's health or property. He notes that the process varies by county, with hearings set quickly, often within a few days of filing the petition. Craig describes ETG as a crisis tool and advises clients to consider plenary or limited guardianship if imminent danger cannot be proven.

15:16 Plenary and Limited Guardianship

Craig explains plenary and limited guardianship, noting that plenary guardianship involves full legal authority over a ward's affairs. Limited guardianship grants authority over specific rights, determined by an examining committee's evaluation of the ward's capacity. He discusses the process and timeline for establishing guardianship, including the need for reports and hearings, which can cause delays. He stresses the significance of evidence in guardianship cases and the need for careful consideration of which rights to remove.

34:33 Guardianship Process and Alternatives

Craig outlines the guardianship process, starting with petitions to determine capacity and appoint a guardian, and the role of the examining committee. He emphasizes the court's preference for less restrictive alternatives to guardianship, such as power of attorney or healthcare surrogate designations. Craig describes the importance of evidence in supporting guardianship petitions. He advises families to consider limited guardianship and to focus on the specific rights that need to be removed to protect the ward. Craig notes the emotional and challenging nature of guardianship cases and the importance of providing support to families throughout the process.

49:02 Interstate Guardianship and Legal Variations

Craig discusses interstate guardianship and the variations in guardianship laws across states, including terminology differences like conservatorship and guardianship. He explains the need for interstate recognition of guardianship and the role of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Craig highlights differences in the standard of proof for incapacity and the promotion of limited guardianship in states like Colorado and Minnesota. He mentions supported decision-making as an alternative to guardianship, adopted by states like Texas, Delaware, and Wisconsin. Craig concludes by emphasizing the importance of proactive planning for declining capacity and the role of voluntary guardianship in states like Massachusetts.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Craig Robinson Owner, Attorney, and Chief Relationship Officer
Robinson & Casey, PLLC

Craig Robinson is a partner at Robinson & Casey, PLLC, a law firm devoted to helping families navigate the challenges of addiction and mental health by securing access to life saving treatment for their loved ones. With licensure to practice law in Pennsylvania, New Jersey (since 2008), and Florida (since 2020) — as well as federal admission to the U.S. District Courts for the Eastern District of Pennsylvania, the District of New Jersey, and the Southern District of Florida — Craig brings a wealth of legal experience to every case. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: November 20, 2026

This presentation is approved for one hour of General CLE credit in California. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit.

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