Guardian for Minor Children


Do you have a plan in place for your children if something were to happen to you and your spouse? Who would you appoint to serve as Guardian of your children if suddenly you could no longer care for them?

The need to establish Guardianship of a Child often is the result of a family tragedy and can be a difficult time for families. The Flammia Elder Law Firm assists clients throughout Central Florida in Guardianship cases. We understand the many scenarios presented by the financial, legal, and personal needs of children, and will provide you with compassionate counsel focused on a positive outcome. We can assist you with filing the necessary legal paperwork, handle any disputes that may arise, and help you fulfill your legal duties.

Client Review

Kathleen and her staff are top notch! Kathleen made recommendations that I was not thinking about! I would highly recommend!

5 Star Google Review – J.P.

Visit the Flammia Elder Law Firm’s Family Education Center to access FREE videos and other helpful information. To discuss a Guardianship of a Child, schedule your consultation today.

Call (407) 478-8700 or email us.

Guardianship of Minor Children FAQs

By law, parents are the child’s legal Guardian. Guardianship of a Minor Child is a proceeding in the circuit courts of Florida that grants legal authority over the child to someone other than the child’s parents if their parents are unable to raise them or are deceased. The Guardian must act in the best interest of the child’s welfare and well-being, and may also be the child’s Fiduciary. Guardianship is subject to court oversight.

For parents with minor children, it is especially important that they have an Estate Plan that provides for these protections in advance. When such a plan is not in place, the court is required to step in. Florida law obligates the court to appoint a Guardian for a child when:

  • The child loses both parents or both parents become incapacitated, or
  • A child receives an inheritance, insurance proceeds, or a legal settlement exceeding $15,000. In this instance, the natural parent can serve as Guardian of the property for the minor child.

Members of the family or another person interested in the child’s welfare may petition to seek Guardianship through the court. The person appointed Guardian of a child’s assets does not need to be the same person who cares for the child personally.

Parents may also name someone to act as Guardian for their minor children in a nomination of Guardian for Minor Children document should both parents become incapacitated, or upon the death of the last surviving parent. This legal document tells the court your preference of the individual(s) to have legal responsibility for your children’s person and/or property.

What Our Clients Say

Three gold stars for all of you. You worked hard for us. We really appreciate all you have done for us. We had a lot going on and with your help we finally got it together. You all know what you are doing. Our thanks to all of you.

Past Client

Comprehensive and flexible approach to estate planning. Easy to work with.


Kathleen and her team made the process of setting up our wills very easy! Thanks for giving us great peace of mind!

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