Mario, Gunde, Peters, Rhoden & Kelley, llc

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    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
    • Bonnie Klein RhodenBonnie Klein Rhoden – Ms. Bonnie Rhoden a member of the Florida Bar, practicing elder law, estate planning, incapacity planning, family law, and landlord/tenant law.
    • Emily A OgdenEmily A. Ogden, Esq. – Ms. Ogden works in all areas of Family Law, including Alimony, Child Custody and Support, Paternity, & Adoption. She also handles financial cases such as Bankruptcy and Mortgage Modifications.
    • Christina Farley Long Esq.Christina Farley Long – Ms. Farley is licensed in numerous Federal Courts in Florida and practices in numerous civil law areas, such as Personal Injury, Bankruptcy, Insurance Defense and Foreclosure.
    • Kelly Damerow, Esq.Kelly Damerow, Esq. – Mrs. Damerow is a professional and passionate advocate. She provides a wide range of family law services including divorce child support, alimony, modification, paternity, and domestic violence injunctions.
    • Michel WatsonMichel Watson, Esq. – Ms. Watson is an experienced and detail-oriented attorney. She primarily practices in the areas of family law, debt collection, real estate, dependency, and injunctions.
    • Nikie PopovichNikie Popovich, Esq – Nikie Popovich, Esquire works primarily in the areas of appellate law serving all of Florida and especially central Florida.
    • George A. BoorasGeorge A. Booras, Esq – Mr. Boras is an experienced attorney handling several types of cases, from Real Estate and Foreclosures, to Family Law, and Civil Litigation.
    • David Anton GundeDavid Anton Gunde – Mr. Gunde received his Juris Doctorate from the University of Florida in 1987, and admission to the Florida Bar in 1988. He practices Family Law, Civil Litigation, and Criminal Defense.
    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
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      • Cocoa — Main Office

        (321) 631-0506
        Fax: (321) 690-0119
        319 Riveredge Boulevard
        Cocoa, FL 32922


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        (321) 676-2150
        Fax: (321) 690-0119
        1735 West Hibiscus Boulevard #302
        Melbourne, FL 32901


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    Home » Wills » Guardianship » What You Need To Know About Guardianship in Palm Bay, Melbourne, and Titusville, Florida

    What You Need To Know About Guardianship in Palm Bay, Melbourne, and Titusville, Florida

    Becoming a guardian is a big decision and serving in such a role carries a lot of responsibility.  As a guardian you will serve as a decision-maker once you are appointed by the Judge in a guardianship proceeding.  The person you will be assisting is referred to as the Ward.  You can be invested with duties to make decisions about the Ward’s financial affairs, personal affairs, and/or healthcare.  An adult or a child may have a guardian appointed.

    Here in Brevard County and in all of Florida the law requires a guardian for minor children in circumstances such as upon the death of the parents die or if the parents become incapacitated.  Also in Flroida if a minor inherits money or is awarded funds in a personal injury or other court case a guardian must be appointed.

    When the court hears a guardianship matter the alleged incapacitated person is evaluated by a committee of three professionals including at least one medical doctor.  A person may be found to be partially or fully incapacitated.  The court seeks to find the ‘least restrictive’ manner to assist an incapacitated person, minor or adult, and will use a limited guardianship to preserve some rights for the Ward.  A Durable Power of Attorney prepared by one of the experienced wills/trusts lawyer at Mario, Gunde, Peters, Rhoden & Kelley may be the best defense to a potential guardianship.  A well written DPOA will award the necessary authority to a person of your choice and this choice is evidenced, in writing, in your DPOA.  This allows the court to use the ‘least restrictive’ method should you become incapacitated.  Read more about a power of attorney in Florida in Chapter 709 of the Florida Statutes.

    A person in Florida may voluntarily accept a guardianship and this is done for many reasons such as if an adult is disabled and not able to handle his/her own finances.  A limited guardian of the property may be sufficient to assist the adult in such a situation.  Public guardians are available to assist those that cannot afford the guardianship process however the waiting list to have a public guardian appointed is very long.

    Florida Statute 744 parts 1 through 8 is where you can read the codified language in our state laws on guardianship.  There are also Rules of Court that impact and govern the proceedings to become a guardian – you can read them in the Florida Rules of Court, Probate Rules.  These two sources are where most of the duties and responsibilities of a guardian are stated.  The laws help ensure the Ward, whether adult or child, is properly served, not taken advantage of and all of it done in the least restrictive manner possible.

    Call to speak with one of our knowledgeable guardianship attorneys, it is important that your lawyer be able to guide you through the process of becoming a guardian.  (321) 676-2150 or (321) 631-0506 – two offices to serve you in Melbourne and Cocoa, Florida.

    Related Topics

    1. Guardianship
    2. Online Resources for Guardians in Melbourne and Brevard County, Florida
    3. Do You Have a Declaration of a Pre-Need Guardian in Your Estate Plan?
    4. Wills & Probate
    5. Power of Attorney
    6. Last Will
    7. What is a Fiduciary?
    8. Health Care Surrogate
    9. Planning in Florida: How Do You Consider The Role Of Medicaid in Your Plan?
    10. Living Will

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      The information on this website is not legal advice and is provided only as general information. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The law changes rapidly and can be interpreted in different ways by different courts. The contents of this site could be unsuitable to your circumstances, outdated, or not sufficiently detailed for your needs. An attorney-client relationship is not created by review of this site. By use of this site, as with any electronic communications privacy is not guaranteed. Mario, Gunde, Peters, Rhoden & Kelley will not sell or disclose or in anyway use information you provide that is not consistent with the provision of legal services, unless required by law. This website is provided without warranty either express or implied of any kind. Links within this website are independent of this website and are provided only as a convenience and MGPR&K disclaims any responsibility for the contents of the sites.