Miami, Florida – Pujol Law Offices, P.A., a Miami-based law firm, announces an expanded commitment to guardianship for adults who have been determined to lack capacity under Florida law.
Pujol Law supports individuals who, due to a court-determined incapacity, cannot manage some or all aspects of their personal or financial affairs. The firm recognizes the increasing need for accessible legal guidance in adult guardianship matters.
The firm tailors its services and legal strategies to each client’s unique needs, in accordance with Florida law and court procedures. Pujol Law approaches guardianship cases with empathy, clarity, and respect for each family’s concerns. Attorney Joe Pujol listens to clients, explains the legal process, and provides guidance and practical support throughout guardianship proceedings.
If the court finds incapacity and determines, after considering less restrictive alternatives—including supported decision-making agreements as required by Florida law—that none are suitable, it may appoint a guardian to make certain decisions on behalf of the individual. Florida law provides for limited guardianships (where the individual lacks the capacity for some, but not all, tasks) and plenary guardianships (where all delegable rights are removed). The court is required by statute to order the least restrictive form of guardianship necessary, and as of July 1, 2024, must consider supported decision-making agreements as a possible alternative.
Florida law requires all guardians to be represented by an attorney during guardianship proceedings, including initial appointments and ongoing court compliance matters. The alleged incapacitated person is also entitled to legal representation throughout the process. Any competent adult who is a Florida resident may serve as a guardian unless disqualified by statute. Nonresidents may serve if they are directly related to the ward. Individuals convicted of certain felonies or found to have committed abuse, neglect, or abandonment are disqualified by law. Professional guardians—those serving more than two wards for compensation—must register annually with the Office of Public and Professional Guardians and comply with statutory training, bonding, and reporting requirements.
Pujol Law Offices, P.A., recognizes the emotional and legal challenges families face and aims to make the process clear and manageable. Attorney Joe Pujol assists with preparing and filing legal documents, representing clients in court, and evaluating whether guardianship or a less restrictive alternative—which the court must consider under Florida law—is appropriate.
As of July 1, 2024, supported decision-making is formally recognized in Florida law. Courts are required to consider supported decision-making agreements as a less restrictive alternative before appointing a guardian. Courts are required to make a specific finding as to whether a supported decision-making arrangement adequately meets the individual’s needs under Florida law. This approach enables individuals to make their own choices with help from trusted persons, preserving as many rights as possible.
Attorney Joe Pujol understands the procedural and practical requirements of Florida’s guardianship laws and works to support the interests of incapacitated persons and their families. Florida law requires guardians to act in good faith, follow the ward’s best interests, and comply with the duties outlined in Chapter 744, Florida Statutes (§744.361). Guardians may not act in ways that conflict with the ward’s welfare.
Pujol Law Offices, P.A. offers legal guidance to help families understand their options, whether starting guardianship or modifying an existing arrangement. Establishing guardianship for a disabled adult involves sensitive legal and personal considerations.
In addition to guardianship services, Pujol Law provides estate planning services to help align legal arrangements with clients’ long-term goals. These services include preparing wills and trusts, designating powers of attorney, and drafting advance healthcare directives such as living wills and healthcare surrogate designations. The appropriateness of these alternatives is subject to court review in each case. While these tools may serve as alternatives to guardianship in some cases and can help individuals retain control over personal medical and financial choices, the court must consider all less restrictive alternatives, including supported decision-making agreements, and may appoint a guardian only if it determines that no less restrictive option sufficiently addresses the individual’s needs, in accordance with Florida law.
Pujol Law’s fixed-fee system reduces uncertainty associated with hourly billing and allows clients to agree to costs in advance. Regular updates and clear communication support an informed and collaborative attorney-client relationship.
About Pujol Law Offices, P.A.
Pujol Law provides consistent legal support to families navigating guardianship and planning for the future. With over 25 years of legal experience, the firm has built a reputation for responsive and thoughtful service. Pujol Law is dedicated to delivering personalized legal solutions tailored to each client’s needs.
For more information about guardianship services for incapacitated adults, visit www.pujollaw.com or call (305) 447-0059.
Pujol Law Offices, P.A.
782 NW 42nd Ave Suite 628, Miami, FL 33126
(305) 447-0059
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. The public should not act or rely on any content herein without first consulting a licensed attorney in one’s jurisdiction. Viewing or interacting with this material—including submitting a form, sending a message, making a call, or leaving a voicemail—does not create an attorney-client relationship. That relationship is only established through a mutually executed engagement agreement. Legal requirements vary by jurisdiction and are subject to change. Always consult a qualified legal professional regarding specific circumstances.
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