Guardianship vs. POA in Florida: A 2025 Guide

Understanding Guardianship vs Power of Attorney Florida is one of the most important steps in planning for incapacity. While both tools allow someone to step in and help make decisions, they differ in scope, timing, and authority. Choosing the right option can save families stress, time, and money—and ensure loved ones receive proper care.

What is a Power of Attorney (POA) in Florida?

A Power of Attorney (POA) is a document created voluntarily by a person while they are still competent. It gives a trusted individual, called the agent, the authority to make financial or legal decisions on their behalf.

Florida recognizes a Durable Power of Attorney, which remains valid even if the person becomes incapacitated. This proactive planning tool allows the individual to maintain control by choosing who will act for them, rather than leaving it to the courts.

What is Guardianship in Florida?

Guardianship is a court-ordered process used when someone is no longer capable of managing their personal, medical, or financial matters. A judge appoints a guardian who then assumes decision-making authority. Depending on the situation, guardianship can be limited (covering only certain areas) or plenary (covering nearly all decisions).

Unlike a POA, guardianship involves ongoing court oversight. Guardians must file reports and request approval for significant actions. It is more restrictive, more expensive, and generally used only when no POA exists or when disputes or abuse of authority occur.

Key Differences: Guardianship vs Power of Attorney Florida

Feature	Power of Attorney (POA)	Guardianship
How it Begins	Voluntary, while competent	Court-ordered after incapacity
Control	Principal keeps rights, shares authority with agent	Court reduces or removes rights
Oversight	Minimal; private	Continuous court supervision
Cost	Relatively low	Expensive due to legal and court fees
Flexibility	Can be tailored to specific needs	Determined by court
Reversibility	Can be revoked by principal if competent	Harder to end; requires court review

When to Use Each

Use a Power of Attorney when:

• The individual is capable of planning ahead.

• You want to avoid court involvement.

• You wish to preserve privacy and flexibility.

Guardianship is necessary when:

• No POA exists and the person is already incapacitated.

• Family disputes or abuse of power make POA unworkable.

• The individual needs court protection due to vulnerability.

Florida-Specific Considerations

Florida law favors the least restrictive alternative. Judges will typically look for a valid POA before granting guardianship. In fact, having a Durable POA and Health Care Surrogate in place can often prevent the need for guardianship entirely.

Florida also allows preneed guardianship designations, where someone names who they would want as guardian if a court ever finds them incapacitated. This proactive step blends the certainty of court protection with personal choice.

Best Practices for Florida Families

1. Draft a Durable POA early while capacity is intact.

2. Choose trustworthy agents—your choice matters more than the document itself.

3. Name alternates in case your first choice cannot serve.

4. Review documents regularly to reflect changes in life, relationships, or law.

5. Understand guardianship as a backup, not a first option.

Final Thoughts

The decision between Guardianship vs Power of Attorney Florida depends on timing and capacity. A Power of Attorney is the better option when planned in advance—less restrictive, less expensive, and tailored to your wishes. Guardianship, while sometimes unavoidable, is a last resort when no planning was done.

Call to Action

At Absolute Law Group, we help Florida families prepare effective Powers of Attorney, Health Care Surrogates, and guardianship plans when needed. Contact us today to discuss whether a POA or guardianship is right for your family.