A Family Law and Estate Planning Law Firm

Guardianship

We provide experienced and compassionate legal representation in guardianship proceedings throughout St. Johns, Clay, and Duval Counties

Florida Guardianship Attorney in Fruit Cove

Guardianship

Whether you are a concerned family member, an appointed guardian, or an interested party in an ongoing case, we can help guide you through this complex area of law with clarity and care.

Helping Families Navigate Legal Guardianship in
St. Johns County and Beyond

When an adult becomes unable to manage their own affairs due to age, illness, disability, or mental incapacity, a legal guardianship may be necessary to protect their well-being and finances. Florida law provides a formal process for appointing a trusted individual—called a guardian—to step in and make decisions on their behalf.

At the Law Offices of Jared I. Loucel, P.A., we provide experienced and compassionate legal representation in guardianship proceedings throughout St. Johns, Clay, and Duval Counties and the surrounding areas. Whether you are a concerned family member, an appointed guardian, or an interested party in an ongoing case, we can help guide you through this complex area of law with clarity and care.

What Is Guardianship?

Guardianship is a court-supervised legal relationship in which generally one person (the guardian) is granted authority to make decisions for another person (the ward) who is unable to make those decisions independently. Sometimes co-guardians may be appointed.

Guardianships in Florida are governed by Chapter 744 of the Florida Statutes and can involve personal, financial, or medical decision-making for the ward. A court determines whether the person is legally incapacitated and what type of guardianship is appropriate based on the evidence presented.

When Is Guardianship Necessary?

Guardianship may be necessary in a variety of situations, such as:

Because guardianship can limit a person’s rights, Florida courts treat these proceedings with great seriousness. The process requires detailed evaluations, court hearings, and strict compliance with legal obligations—this is where skilled legal counsel is essential.

Types of Guardianship in Florida

1.    Plenary Guardianship

A plenary guardian has full authority to make all legal, medical, and financial decisions for the ward. This is typically ordered when the ward is fully incapacitated and cannot manage any aspect of their affairs.

In a limited guardianship, the court grants only specific rights and responsibilities to the guardian, allowing the ward to retain as much independence as possible. This option respects a ward’s retained abilities and is commonly used when full guardianship is not warranted.

An emergency temporary guardianship (ETG) may be ordered when there is an urgent threat to the ward’s health, safety, or finances. This short-term solution allows for immediate intervention while the court evaluates the need for a long-term arrangement.

When an individual is capable of making personal decisions but lacks the ability to manage finances or assets, the court may appoint a guardian of the property to handle financial matters exclusively.

My Guardianship Services

As a Florida guardianship attorney, I provide a full range of legal services, including:

I also assist clients in navigating post-appointment obligations, such as creating an initial guardianship plan, managing financial disclosures, and responding to any legal challenges that may arise.

Guardianship Disputes and Litigation

Unfortunately, disagreements can arise over who should serve as guardian, how a guardian is performing, or whether a guardianship is even necessary. Common guardianship-related disputes include:

  • Allegations of guardian misconduct or neglect
  • Conflicts between family members over control or decision-making
  • Concerns about financial mismanagement of the ward’s assets
  • Petitions to remove or replace a guardian
  • Contested incapacity determinations

As an attorney with litigation experience, I represent both guardians and concerned family members in contested guardianship proceedings and hearings. My approach is firm yet compassionate, always aiming to prioritize the ward’s best interests.

Because guardianship can be restrictive, Florida law encourages the use of less restrictive alternatives when possible. These may include:

  • Durable power of attorney
  • Health care surrogate designation
  • Living trust
  • Guardian advocacy (for individuals with developmental disabilities)

I provide guidance to families on whether these options are appropriate and how to implement them effectively.

Local Knowledge and Personal Attention

Located in Fruit Cove, I serve clients throughout St. Johns, Duval, and Clay County and the broader Fourth and Seventh Judicial Circuits. We have deep familiarity with the local court procedures, and we tailor each case to the unique facts and dynamics involved.

Mr. Loucel handles each case personally—providing direct access, frequent communication, and a strategic legal plan designed to minimize stress and maximize outcomes.

Schedule a Consultation Today

If you are concerned about the well-being of a loved one or have been appointed as a guardian and need legal guidance, I’m here to help. The guardianship process can be intimidating, but with an experienced attorney by your side, you can move forward confidently.

Let me help you protect those who can no longer protect themselves.

Serving Fruit Cove, St. Augustine, Jacksonville, Duval, and St. Johns Counties
Flexible scheduling | In-person and virtual options available