How Families Can Protect Loved Ones Without Full Guardianship Proceedings
Why Families in Orlando Look for Alternatives
In Orlando, I meet many families who are concerned about a loved one’s ability to manage finances, healthcare, or daily living decisions. They want protection, but they also want to preserve independence. While Florida’s guardianship system—often referred to as conservatorship—is an important tool, it isn’t always necessary.
Florida law requires courts to consider less restrictive alternatives before granting guardianship. These alternatives can safeguard assets, ensure healthcare decisions are respected, and provide oversight—without stripping away all of a person’s rights.
I’m Beryl Thompson-McClary, an Orlando Conservatorship Attorney. I help families explore these alternatives before resorting to guardianship. If you want to discuss whether conservatorship is the right choice, call my office at 1-888-640-2999 for a consultation.
Florida’s Policy on the Least Restrictive Means
Florida Statutes § 744.331(6)(b) requires judges to consider whether less restrictive measures are available before removing rights. The law emphasizes that guardianship should be a last resort.
This ensures that individuals are not unnecessarily placed under full control of a guardian when other legal tools could adequately protect them.
Common Alternatives to Conservatorship
Durable Power of Attorney
A durable power of attorney (POA) allows a trusted person to manage financial and legal affairs if the individual becomes incapacitated. Unlike guardianship, it does not require court involvement once executed.
Healthcare Surrogate
Florida law allows adults to designate a healthcare surrogate under § 765.202, giving someone authority to make medical decisions if they cannot do so themselves. This is often enough to avoid guardianship for medical purposes.
Living Trusts and Special Needs Trusts
Trusts can manage assets, protect eligibility for government benefits, and provide financial security without court-supervised guardianship.
Representative Payees
For those receiving Social Security or Veterans benefits, a representative payee can be appointed to manage monthly payments. This avoids broader financial guardianship.
Supported Decision-Making
Although not formally codified in Florida law, supported decision-making agreements are gaining recognition. These allow individuals with disabilities to choose trusted supporters to help them make decisions, rather than removing rights.
When Alternatives May Not Work
While these alternatives are powerful tools, they have limits. They may not be effective if:
- The individual refuses to cooperate or revoke documents improperly
- There is evidence of exploitation or abuse by the agent under a POA or trustee
- No valid documents were executed before incapacity occurred
- Family disputes prevent agreement on who should manage decisions
In these cases, the court may conclude that guardianship is the only option.
How the Court Evaluates Alternatives
When a guardianship petition is filed, the court must review:
- Whether the person already has valid estate planning documents
- If those documents are being honored and enforced
- Whether alternatives sufficiently protect against exploitation or neglect
Only if the court finds that no alternatives will work will it grant conservatorship.
Why Legal Advice Matters
Choosing between conservatorship and alternatives isn’t always simple. Each tool has strengths and weaknesses. I help families in Orlando evaluate whether a durable POA, trust, or healthcare surrogate is enough—or whether guardianship is unavoidable.
If you’re considering these options in Orange County, call 1-888-640-2999 to schedule a consultation.
FAQs – Alternatives to Florida Conservatorship
Do powers of attorney prevent the need for conservatorship?
Often yes. If a valid durable POA is in place and the appointed agent is trustworthy, the court may deny a conservatorship petition.
Can a healthcare surrogate replace guardianship?
For medical decisions, yes. A properly executed healthcare surrogate designation may avoid the need for a guardian to make health-related choices.
What if a person never signed a power of attorney or trust?
If no planning documents exist, and the person is already incapacitated, alternatives may not be available. In that case, conservatorship may be the only option.
Can I challenge a guardianship petition by showing alternatives exist?
Yes. Interested persons can argue in court that existing POAs, trusts, or surrogates are sufficient, preventing unnecessary guardianship.
Do supported decision-making agreements have legal recognition in Florida?
They are not yet formally codified, but courts increasingly acknowledge them as evidence of less restrictive alternatives.
Are trusts better than conservatorships?
Trusts are powerful for managing assets, but they don’t address medical or personal care decisions. A combination of tools may be best.
Call Our Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation to discuss alternatives to conservatorship and determine the best way to protect your loved one in Florida.
