Once a person have been declared incapacitated, whether partially or fully, the Guardianship Court will make a determination of who will be the Guardian. The court must appoint any standby guardian or preneed guardian qualified to serve, unless it is contrary to the person’s best interest. F.S. 744.312(1).
If there is no standby guardian or preneed guardian, the court may select any person who is qualified, but must give preference to someone who is related by blood or marriage to the person. F.S. 744.312(2).
A Florida resident who is sui juris and is 18 years of age or older qualifies as a guardian.
A person may not be appointed as a guardian if the person has been convicted of felony, is incapacitated, has been judicially been determined to have committed abuse or neglect against a child, or a person who has been found guilty, or entered a plea of nolo contendere to any offense prohibited under Section 435.04, Florida Statutes.