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Guardianship — a circuit court appointing someone to exercise the rights of a person who cannot — is governed by Chapter 744, Florida Statutes, and the Florida Probate Rules. Adult guardianship is a two-petition process: first incapacity, then appointment.
When a lawyer matters here
Guardianship removes civil rights, so the process is deliberately counsel-heavy: the alleged incapacitated person receives court-appointed counsel immediately (§ 744.331(2)(b), Fla. Stat.), and every guardian must be represented by a Florida attorney (Fla. Prob. R. 5.030). Expect this to be a lawyer-driven case from filing to discharge.
Adult guardianship starts with a verified petition to determine incapacity (§ 744.331, Fla. Stat.). The court appoints an attorney for the alleged incapacitated person (§ 744.331(2)(b)) and a three-member examining committee (§ 744.331(3)(a)); an adjudicatory hearing follows the committee's reports.
If the person is found incapacitated, the court appoints a guardian of the person, of the property, or both (§ 744.344, Fla. Stat.) — removing only the rights the evidence supports and considering less restrictive alternatives before plenary guardianship (§ 744.331(6)(b)).
A guardian advocate may be appointed for a person with a developmental disability without an incapacity adjudication (§ 393.12, Fla. Stat.), and a person who is incapacitated in some respects but able to petition may seek a voluntary guardianship (§ 744.341, Fla. Stat.). Guardianships over minors' property follow their own Chapter 744 provisions.
Procedural information only — not legal advice and not a substitute for an attorney. Statewide rules are summarized with citations; local practice varies by division and judge, so verify deadlines with the Martin County clerk and review the assigned judge's verified preferences on the Martin County page.