Filing a Guardianship

Guardianships and Guardianship Litigation in St. Petersburg, Clearwater, Tampa, Sarasota, Pinellas County and surrounding West Florida areas.

Guardianship actions in Florida must be filed where the alleged incapacitated person, or proposed Ward, resides or is currently located. Any adult person can file for a guardianship in Florida. The primary requirements for guardianship incapacity petitions are as follows: the petition must (1) be verified; (2) state certain identifying information regarding both the Petitioner and the alleged incapacitated person; (3) identify the primary language spoken by the alleged incapacitated person, if known; (4) allege specific factual information concerning the alleged incapacity; (5) state the alleged incapacitated person’s known physicians; (6) list the rights the alleged incapacitated person is incapable of exercising; and (7) list contact information for the next of kin, if known.

Once a petition to determine incapacity is filed, the Court will appoint an attorney for the alleged incapacitated person, to defend their rights as necessary. The alleged incapacitated person also has the right to retain private counsel.

If you are considering filing a guardianship, or are otherwise involved in pending guardianship litigation, please contact our office, as our attorneys routinely handle guardianships, contested guardianships and guardianship litigation in the courts of St. Petersburg, Clearwater, Tampa, Sarasota, Pinellas County and the surrounding West Florida areas.


Greene & Greene, Attorneys at Law, is your destination for Family Law, Collaborative Divorce, Probate (Estate) and Trust Litigation, Probate Administration, Estate Planning, Guardianship Litigation and Guardianship Administration, and serves clients in and around St. Petersburg, Clearwater, Tampa, Largo, Seminole, Pinellas Park, Palm Harbor, Bradenton, Sarasota, St. Pete Beach, Indian Rocks Beach, Hillsborough and Pinellas County.