About Us

St. Thomas University College of Law operates the Office of the Public Guardian within the Seventeenth Judicial Circuit-Broward County. The Office of the Public Guardian is funded by the State of Florida Department of Elder Affairs through the Office of the Public and Professional Guardianship and Broward County.

Since its inception in 1999, the Office of the Public Guardian has been serving indigent adults 18 and over who reside in Broward County and are found to be incapacitated by the court. Individuals can be declared incapacitated for various reasons, such as having a diagnosis of intellectual disability, a mental health diagnosis, traumatic brain injury, and/or a variety of other medical conditions that make the individual incapable of caring for themselves and/or managing affairs.

Guardianship is pursuant to state law and operates under court supervision. The appointed guardian exercises someone else’s rights whose incapacity prevent them from being able to make their own sound decisions about their person and/or property. Guardianship is necessary and considered when an individual does not have any advance directives (such as a power of attorney and/or health care surrogate or trust) that indicate who they would have wanted to make decisions for them. Prior to guardianship being ordered, it must first be determined that no less restrictive alternatives exist or are available.

What is a Public Guardian?

Public Guardians are provided by the State of Florida Department of Elder Affairs. A Public Guardian acts as the legal guardian for incapacitated individuals who lack a willing and qualified family member or friend to serve as their guardian and who do not have adequate income or assets for compensation of a private guardian. The Public Guardian is the “guardian of last resort.”

Criteria for Public Guardianship

• The Alleged Incapacitated Person, physically and/or cognitively, cannot care for themselves, or manage their affairs.
• There are no family/friends willing or able to act as guardians.
• The asset and income information available indicates that the individual is of limited financial means and is therefore unable to pay for a professional guardian.
• No reasonable alternatives exist that are less restrictive alternatives to the type of guardianship sought.
• The Alleged Incapacitated Person must be a resident of Broward County.

Types of Guardianship

Plenary Guardian

In a plenary guardianship, the court has removed all rights of the Ward and appointed a guardian to exercise ALL delegable legal rights and powers of the Ward regarding the Ward’s person and/or property, such as the right to contract, make health care decisions, or sue and defend lawsuits (F.S. 744.102(9)(b)).

Limited Guardian

In a limited guardianship, the court has removed only certain rights of the Ward and appointed a guardian to exercise specific legal rights and powers of the Ward regarding the Ward’s person and/or property. The Ward will retain certain other rights. (F.S. 744.102(9)(a)).

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