06/17/2026
Most people have never thought about Florida guardianship — until they're in the middle of it.
Here's what the process actually looks like when someone becomes incapacitated without a power of attorney or healthcare surrogate in place:
A petition is filed in circuit court. An examining committee — typically including a physician — evaluates the incapacitated person and reports to the court. A guardian ad litem is appointed. A hearing is held. A judge decides who can make decisions and with what authority.
Timeline: typically three to six months or longer.
Cost: attorney fees, court costs, physician evaluation fees, guardian ad litem fees. Often tens of thousands of dollars.
And when it's over: ongoing court supervision, annual reporting, and judicial approval required for major financial decisions — for the duration of the guardianship.
This entire process can be avoided with a durable power of attorney and a healthcare surrogate designation. Two documents. One meeting with an estate planning attorney.
Absolute Law Group focuses on estate planning and elder law for Central Florida families, based in Ocala.
https://www.absolutelawgroup.com/post/what-happens-in-florida-when-there-s-no-power-of-attorney-and-no-healthcare-surrogate