Your first step is a brief introductory conversation with a member of our team. During this call we’ll learn about your situation, go over some of your initial questions, and match you with the right attorney for your complimentary consultation.

Next, we’ll schedule your free 30-minute consultation (by phone or in person) and provide a short form for you to complete. The form will help us gather the basic information needed so we can understand and determine how we may help you.

Receiving the completed form before your consultation ensures a smooth process and provides our attorneys more time to answer your questions and determine available options.

At HKH we believe guardianship should be a last resort, used only when necessary, and that many families can avoid it with proper planning. During your initial consultation, we will discuss your concerns, evaluate your loved one's circumstances and determine whether guardianship is appropriate. If guardianship is necessary, we will guide you through the process and explain what to expect at each stage.

We understand that some situations require immediate action, and guardianship may be the only option left to provide the legal authority to protect a vulnerable person.

Once we've determined that a guardianship is appropriate and gathered the necessary information, our team will prepare the required pleadings and support documents. We’ll review them with you, answer any questions you may have and provide clear instructions for signing and notarizing any documents that need it. After the signed documents are returned, we will promptly file them with the court.

Once the guardianship pleadings are filed, the clerk's office will arrange for a court-appointed attorney to represent the proposed ward and will contact us to schedule the hearing. Florida law requires that the alleged incapacitated person be served with formal notice of hearings, typically done by a deputy sheriff, and be evaluated by three examining committee members. They are entitled to attend the hearing before the court.

Before the hearing, each examining committee member will submit a written report describing their evaluation of the alleged incapacitated person and their opinion of the individual’s capacity. There are several issues that can be addressed and resolved at this stage.

If the court determines incapacity and appoints a guardian, the guardianship is officially established. Within 60 days of appointment, the guardian must file an inventory of the ward's assets (for guardian of property) and an initial guardianship plan (for guardian of person). Our team will prepare these required filings and guide you through the information needed to ensure they are submitted on time.

A guardian’s responsibilities continue long after the court appoints them. Florida law requires the guardian to file a report to the court annually on both person and property, unless the court grants a waiver. There are also certain activities that require court approval before the guardian may act — such as moving the ward out of the county, making significant financial transactions, or selling property.

Because Florida law generally requires guardians to be represented by an attorney throughout the guardianship, we consider guardianship an ongoing relationship that continues as long as the ward is living or remains in the courts.

A guardianship generally ends in one of two ways: either the court restores the ward's rights because the guardianship is no longer necessary, or the ward passes away. In either case, the guardian is required to file final reports in order to be formally released from their duties. Our goal is always to protect the ward while guiding the guardian through each necessary step.