Guardianship Attorneys Serving Lake County

Talk To A Lake County Attorney Before You File

Guardianship cases in Lake County are heard in the Fifth Judicial Circuit and filed with the Clerk of Court in Tavares. A full guardianship begins with a petition to determine incapacity, an examining committee, a court-appointed attorney for the person whose rights are at issue, and a hearing. Only if the court finds the person incapacitated does it move on to appointing a guardian. Florida law prefers the least restrictive option that still protects the person, and for many families a lesser step is enough.

The Florida Law That Governs Your Lake County Case

Guardianship is one of the few areas where a court can remove an adult’s legal rights. Florida law is built around limiting that, and the statutes below decide most of what happens in a Lake County case.

Guardian advocacy: section 393.12

A circuit court may appoint a guardian advocate without an adjudication of incapacity for a person with a developmental disability who lacks the decisionmaking ability to do some, but not all, of the tasks necessary to care for their person or property. The person may also petition voluntarily. The court must consider the person’s unique needs and abilities, including their ability to exercise rights with appropriate assistance, and may delegate only the decisionmaking tasks the person actually lacks the ability to exercise.

Two consequences matter to families. First, a person for whom a guardian advocate is appointed retains all legal rights except those specifically granted to the guardian advocate. Second, the court must determine whether the person already signed a valid advance directive or durable power of attorney, and a guardian advocate may not be appointed if the court finds those documents sufficiently address the person’s needs. A petition may be filed by any adult who is a resident of Florida.

Full guardianship under chapter 744

A plenary or limited guardianship begins with a petition to determine incapacity. The court appoints an examining committee, appoints an attorney for the person whose rights are at issue, and holds a hearing. Only if the court finds incapacity does it reach the separate question of who should serve as guardian. A limited guardianship removes only the rights the person cannot exercise; a plenary guardianship removes all delegable rights. Florida law prefers the least restrictive alternative that still protects the person, so the existence of a workable power of attorney, health care surrogate, or funded trust is often the decisive fact.

Emergency temporary guardianship: section 744.3031

After a petition to determine incapacity has been filed but before a guardian is appointed, the court may appoint an emergency temporary guardian. It must specifically find imminent danger that the person’s physical or mental health or safety will be seriously impaired, or that their property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. Counsel is appointed for the alleged incapacitated person, and notice must be served at least 24 hours before the hearing unless the petitioner shows substantial harm would result from the delay. The authority expires 90 days after appointment or when a guardian is appointed, whichever comes first, and may be extended once for another 90 days if the emergency conditions still exist. A final report is due no later than 30 days after the emergency guardianship expires.

Filing in Lake County: where it actually goes

Lake County guardianship cases are filed with the Clerk of the Circuit Court in Tavares and heard in the Fifth Judicial Circuit. Lake County is in the Fifth Judicial Circuit, which also covers Marion, Citrus, Hernando and Sumter counties, and its probate division sits in Suite 6 of the Tavares courthouse. Clermont and Leesburg residents file in Tavares.

Fifth Judicial Circuit local practice

Chapter 744 is statewide, but each circuit adds its own administrative orders and submission rules, and in guardianship those details decide how fast a family can actually get relief. In this circuit:

• Lake County runs guardianship audits through the Clerk’s Internal Audit Department, which reviews the initial verified inventory, the annual accountings, the final accounting and the discharge. This is a genuinely more active review posture than most counties.
• The Clerk reviews an initial or annual guardianship report within 30 days of filing, and a verified inventory or accounting within 90 days. Questions on reports and plans go to (352) 742-4122; inventory and accounting questions to (352) 253-4930.
• If the court makes a finding of wrongdoing, the guardian may not use the ward’s assets to pay the costs of responding to the audit. The exposure for a sloppy accounting is therefore personal, not just administrative.
• Guardian education is mandatory. Section 744.3145 requires a court-appointed guardian to complete 8 hours of instruction and training within four months of appointment, or 4 hours for a parent appointed guardian of the property of his or her own minor child (professional guardians are exempt). The court may waive it based on experience and education or the needs of the ward.
• Proposed orders are mailed to the judicial office rather than filed through the portal, and hearing scheduling is handled individually by each judge, which matters when an emergency petition needs a prompt setting.

This matters more in guardianship than almost anywhere else, because the clock on an emergency temporary guardianship runs from the date of appointment regardless of how long the court takes to reach the permanent case.

Administrative orders that govern Lake County cases

These are the local orders a filing in this county has to satisfy. Each links to the court’s own published order.

Local requirements are set by administrative order and change from time to time. The items above reflect the circuit’s published orders and the Florida Courts survey of circuit probate practices as of August 2026, and should be confirmed against the current orders before filing.

Go Deeper On Lake County Cases

Detailed guides on the issues that come up most often in these cases: