How to Become a Guardian in Miami, FL

Written by the Law Offices of Albert Goodwin, Coral Gables, Florida. Last updated: June 2024. This guide focuses specifically on becoming a guardian through the Miami-Dade County Probate Division of the Eleventh Judicial Circuit. For a broad overview of the subject, see our main Florida guardianship hub page.

If you need to become a guardian for an incapacitated adult or a minor in Miami, your case will be heard by the Probate Division of the Eleventh Judicial Circuit Court of Florida in and for Miami-Dade County. This guide walks you through exactly what to file, where to file it, how the local examining committee process works, what it costs in Miami-Dade, and how long each stage typically takes under Florida Statutes Chapter 744.

This page is a practical, Miami-specific "how to" walkthrough. If you are researching a related topic, we also maintain dedicated pages on guardianship of a minor, guardianship for an elderly parent, a guardian's ongoing responsibilities, guardianship vs. power of attorney, and how to fight a guardianship.

Where Guardianship Cases Are Filed in Miami-Dade

Adult guardianship and incapacity petitions in Miami-Dade are filed with the Clerk of Courts and assigned to the Probate Division, which sits primarily at the Lawson E. Thomas Courthouse Center at 175 NW 1st Avenue, Miami. Filing is done electronically through the Florida Courts E-Filing Portal (myflcourtaccess.com), and cases are assigned to one of the circuit's probate judges.

Because the petition must be filed in the county where the alleged incapacitated person resides (F.S. § 744.3201), a person who lives in Miami, Coral Gables, Hialeah, Kendall, Homestead, or anywhere else in Miami-Dade will have the case heard here in the Eleventh Circuit. If your loved one lives in Broward or Palm Beach County, the case belongs in that county's circuit court instead.

Step-by-Step: How to Become a Guardian in Miami-Dade

Confirm guardianship is actually necessary. Florida courts treat guardianship as a last resort because it strips fundamental rights from the ward. Before filing, confirm there is no valid durable power of attorney, health care surrogate, or trust that already addresses the person's needs. See our comparison of guardianship vs. power of attorney.
File the Petition to Determine Incapacity. This is filed under F.S. § 744.3201 in the Miami-Dade Probate Division and must state the specific facts supporting the belief that the person cannot exercise certain rights, along with the names and addresses of next of kin.
File the Petition for Appointment of Guardian. This companion petition names the proposed guardian (which may be you), their qualifications, and their relationship to the alleged incapacitated person.
Court appoints a three-member examining committee. Under F.S. § 744.331, within five days the judge appoints an examining committee to independently evaluate the person. In Miami-Dade, the court draws from a standing roster of approved examiners.
Court appoints an attorney for the alleged incapacitated person. Under F.S. § 744.331(2), the court appoints counsel for the alleged incapacitated person within three days. In Miami-Dade this attorney is drawn from the court's approved attorney registry and represents the person's stated wishes.
Examining committee members file their reports. Each examiner meets with the person and files a written report addressing functional limitations and which rights the person can and cannot exercise.
Proposed guardian completes background screening. Under F.S. § 744.3135, the proposed guardian submits to a criminal background check and, for a guardian of the property, a credit investigation through the Clerk of Courts.
Adjudicatory hearing. The probate judge reviews the committee reports, hears testimony, and decides whether the person is incapacitated and which rights are removed.
Order determining incapacity and appointing guardian; Letters of Guardianship issued. If the court finds incapacity, it enters an order specifying the rights removed. The guardian takes an oath, files a Designation of Resident Agent, and receives Letters of Guardianship that authorize them to act.
Complete the 8-hour guardianship course. Under F.S. § 744.3145, a newly appointed family guardian must complete an approved eight-hour guardianship education course within four months. In Miami-Dade, this course is offered by court-approved providers and can generally be completed online or in person; the court clerk maintains a list of approved courses.
File the Initial Guardianship Plan and Verified Inventory. The guardian of the person files an Initial Guardianship Plan within 60 days; the guardian of the property files a Verified Inventory of the ward's assets within 60 days as well.

How the Examining Committee Works in Miami-Dade

The three-member examining committee is the factual heart of every Florida incapacity case. Under F.S. § 744.331, the committee generally includes a physician or psychiatrist, a psychologist, and a third qualified professional such as a gerontologist, registered nurse, or social worker. Each member examines the alleged incapacitated person independently and files a separate report.

In Miami-Dade, examiners are compensated at rates set by the court, and their fees are typically paid from the ward's estate (or, where the ward is indigent, may be handled under the court's fee structure). If a majority of the committee members conclude the person is not incapacitated, the court must dismiss the petition. Because these reports drive the outcome, scheduling all three examinations promptly is often the single biggest factor in how quickly a Miami case moves.

Realistic Timeline in Miami-Dade

Timelines vary with the court's calendar, the availability of examiners, and whether the case is contested. A typical uncontested adult guardianship in the Eleventh Circuit moves roughly as follows:

Days 0–5: Petitions filed; examining committee and attorney for the alleged incapacitated person appointed.
Weeks 2–5: Three examinations completed and reports filed.
Weeks 5–10: Adjudicatory hearing held and order entered; Letters of Guardianship issued after the oath.
Within 60 days of appointment: Initial Guardianship Plan and/or Verified Inventory filed.
Within 4 months of appointment: 8-hour guardianship course completed.

An Emergency Temporary Guardianship under F.S. § 744.3031 can be sought when the person faces imminent danger to health, safety, or property; a Miami-Dade judge can appoint an emergency temporary guardian much faster, and that appointment lasts up to 90 days (extendable once for good cause) while the full case proceeds.

What It Costs to Become a Guardian in Miami-Dade

Costs depend on whether the case is contested and whether a property guardianship (which requires a bond) is involved. The table below reflects the categories of cost in a Miami-Dade adult guardianship. Fees change over time — always confirm current amounts with the Clerk of Courts.

Cost Category	Typical Range (Miami-Dade)
Clerk filing fees (petition to determine incapacity + appointment of guardian)	Several hundred dollars combined
Examining committee (3 examiners)	Set by the court per examiner; often several hundred to over $1,000 per examiner
Court-appointed attorney for the alleged incapacitated person	Fee paid from the ward's estate
Background / credit investigation	Clerk's screening fees
8-hour guardianship course	Course provider fee (modest)
Bond premium (guardian of the property)	Annual premium based on estate value, set by the court
Petitioner's attorney's fees	Varies with complexity; higher if contested

All-in, establishing an uncontested adult guardianship in Miami-Dade commonly runs in the low-to-mid five figures once attorney, examiner, and court costs are combined, and contested matters cost more. Many of these costs are paid from the ward's assets. This expense is one reason the court prefers less restrictive alternatives when they genuinely meet the person's needs.

Types of Guardianship You May Be Seeking

Plenary Guardianship

Grants the guardian authority over all of the ward's delegable rights. Reserved for cases where the examining committee finds the person cannot exercise any of the delegable rights.

Limited Guardianship

Florida's preferred approach. Under F.S. § 744.344, the court removes only the specific rights the person can no longer exercise and leaves the rest intact. Miami-Dade judges routinely craft limited orders where the reports support retained capacity in some areas.

Guardian of the Person, Property, or Both

Guardian of the person — medical care, living arrangements, and personal decisions.
Guardian of the property — finances, assets, and investments (requires bond and inventory).
Guardian of the person and property — both roles combined.

Who Can Serve as Guardian

Any Florida resident who is an adult, is mentally and legally competent, has no disqualifying felony, and has no conflict of interest.
A qualified nonresident who is a relative (or otherwise permitted) and appoints a Florida resident agent.
A professional guardian registered under F.S. § 744.2002 — commonly used in Miami-Dade when no suitable family member is available.
A qualified nonprofit organization or, in appropriate cases, the Office of Public Guardian.

Common Pitfalls in Miami-Dade Guardianship Cases

Filing when a valid power of attorney already exists. The court may deny guardianship if a less restrictive alternative already covers the need.
Delaying the examining committee scheduling. Slow examinations are the most common cause of stalled Miami cases.
Missing the 60-day plan/inventory or 4-month course deadlines. These can trigger show-cause orders from the probate judge.
Under-budgeting for the bond. A property guardian must post a court-set bond before the estate can be administered.
Assuming an uncontested case. A relative may object; if you anticipate a dispute, review how guardianships are contested.

Alternatives to Guardianship

Durable power of attorney for financial and legal affairs.
Health care surrogate designation for medical decisions.
Living trust allowing a successor trustee to manage assets without court involvement.
Representative payee for Social Security benefits.
Voluntary guardianship under F.S. § 744.341 for a competent person unable to manage property.

How Our Miami Firm Handles Guardianship

From our Coral Gables office, the Law Offices of Albert Goodwin represents family members petitioning to become guardians throughout Miami-Dade County. We prepare and file the incapacity and appointment petitions in the Eleventh Circuit Probate Division, coordinate scheduling with the examining committee, guide you through background screening and the 8-hour course requirement, and prepare the initial plan and inventory so you meet every statutory deadline. Where guardianship is not the right fit, we advise on less restrictive alternatives.

Frequently Asked Questions

How long does it take to become a guardian in Miami-Dade?

An uncontested adult guardianship in the Eleventh Judicial Circuit commonly takes roughly two to three months from filing to issuance of Letters of Guardianship, driven largely by how quickly the three examining committee members complete their reports. Contested cases take longer.

How much does it cost to become a guardian in Miami?

Costs include clerk filing fees, examining committee fees, the court-appointed attorney for the alleged incapacitated person, background screening, the guardianship course, and (for property guardians) a bond premium, plus your own attorney's fees. Uncontested cases commonly total in the low-to-mid five figures, often paid from the ward's assets.

Where do I file for guardianship in Miami-Dade?

Petitions are filed electronically through the Florida Courts E-Filing Portal and assigned to the Probate Division of the Eleventh Judicial Circuit, which sits at the Lawson E. Thomas Courthouse Center at 175 NW 1st Avenue, Miami.

Do I have to be a Florida resident to serve as guardian?

Not necessarily. A qualifying relative who lives out of state may serve if they meet all other requirements and appoint a Florida resident agent. Nonresidents who are not relatives generally cannot serve.

Is the 8-hour guardianship course required, and where do I take it in Miami?

Yes. Under F.S. § 744.3145, a newly appointed family guardian must complete an approved eight-hour course within four months of appointment. Miami-Dade guardians can complete a court-approved course online or in person; the clerk maintains a list of approved providers.

Can I get emergency guardianship quickly in Miami?

Yes. Under F.S. § 744.3031, when the person faces imminent danger to health, safety, or property, a Miami-Dade judge can appoint an emergency temporary guardian on an expedited basis, lasting up to 90 days (extendable once for good cause) while the full incapacity case proceeds.

What happens if the examining committee finds the person is not incapacitated?

If a majority of the three committee members conclude the person is not incapacitated, the court must dismiss the petition and no guardian is appointed.

Contact a Miami Guardianship Attorney

Becoming a guardian in Miami-Dade requires court approval, professional evaluations, and ongoing court reporting duties. If you need to establish a guardianship for a loved one in the Eleventh Judicial Circuit, the Law Offices of Albert Goodwin can guide you through each step under Florida Statutes Chapter 744. Call 786-522-1411 or email [email protected] to schedule a consultation at our Coral Gables office. For a broader overview, visit our Florida guardianship hub.