Under Florida law, any adult interested in a child’s welfare may petition the court for guardianship. Once appointed, the guardian has the legal rights required to care for that child and his or her property. In some cases, the parents may have named a guardian for their child in a will. However, the court will still need to determine that the person chosen by the parents is qualified to act in this capacity.

The law requires a guardian for a minor child when:

• The parents of the child die
• The child’s parents become incapacitated and unable to provide care
• The child receives money or property exceeding $15,000

There are many people that can be named a guardian, such as a sibling, relative, or even a parent when guardianship is needed for money and property. A non-relative may be appointed, as long as the person is a Florida resident. In addition, a professional or corporate guardian, such as a bank may be appointed. If a prospective guardian has a felony record or any record with a court indicating abuse, neglect, or abandonment of a child, that person would not be considered qualified to be appointed guardian.