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Guardianship takes rights away from an adult, and it is not always the right answer. We help families across Orlando, Winter Park and Orange County find the least restrictive option that actually protects their loved one.
Our Orlando office is on Gore Street. Families from Orlando, Winter Park, Apopka, Ocoee and Maitland can come in to talk through a parent, a spouse or an adult child, and leave with a straight answer.
Guardianship cases in Orlando are heard in the Ninth Judicial Circuit and filed with the Clerk of Court in Orlando. 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.
For a person with a developmental disability, section 393.12 allows a guardian advocate to be appointed with no adjudication of incapacity at all. The person keeps every right not specifically granted away.
A limited guardianship removes only the rights the person genuinely cannot exercise. A plenary guardianship removes all delegable rights and is reserved for when nothing less will protect them.
Once a petition to determine incapacity is filed, section 744.3031 lets the court act immediately if there is imminent danger to the person’s health or safety, or their property. The authority lasts 90 days and may be extended once.
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Guardianship is filed with the Clerk of the Circuit Court for Orange County in Orlando, in the Ninth Judicial Circuit. We handle these cases for families throughout Orlando, Winter Park, Apopka, Ocoee, and Maitland.
Guardian advocacy under section 393.12 applies to a person with a developmental disability and requires no adjudication of incapacity. The person retains every legal right except those specifically granted to the guardian advocate. A plenary guardianship, by contrast, starts with a court declaring an adult incapacitated and can remove nearly every civil right at once. For a young adult with autism, Down syndrome, cerebral palsy, or an intellectual disability turning eighteen, guardian advocacy is frequently the better fit.
Often, yes. A durable power of attorney, a health care surrogate designation, or a funded trust signed while the person still had capacity may already give your family the authority it needs. Because guardianship removes rights, it is worth confirming that a less restrictive alternative will not work before filing.
Once a petition to determine incapacity has been filed, section 744.3031 permits the court to appoint an emergency temporary guardian if it finds 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. The alleged incapacitated person is appointed counsel, and notice is generally required at least 24 hours before the hearing. That authority expires 90 days after appointment, or when a permanent guardian is appointed, and may be extended once for another 90 days if the emergency conditions still exist.
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 an Orlando case.
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.
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.
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.
Orlando guardianship cases are filed with the Clerk of the Circuit Court in Orlando and heard in the Ninth Judicial Circuit. Orange County assigns probate, guardianship and mental health to the same division at the courthouse on North Orange Avenue, so a guardianship and a related estate generally stay together.
Clerk of the Circuit Court, Orange County
Orange County Courthouse, 425 N. Orange Avenue, Orlando, FL 32801
Probate and guardianship division: (407) 836-2000
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:
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.
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.
Detailed guides on the issues that come up most often in these cases:
Talk to an experienced Orlando guardianship attorney before rights are taken away.