Guardianship Attorney in Plantation, Florida
Who Raises Your Children If You Can't?
This is the question most Plantation parents put off, which is totally understandable, but it’s the one with the highest stakes. If both parents die or become incapacitated without a legally documented guardian designation, Florida’s court system takes over. Under Florida Statutes Chapter 744, a Broward County judge will appoint whoever petitions the court first, weighing factors you never had a say in.
That could be a relative you wouldn’t have chosen. It could be someone your children barely know. In contested cases—where two sides of the family disagree—Broward courts sometimes appoint a neutral professional guardian entirely, at your estate’s expense.
The good news: this is one of the most preventable legal problems that exists. A properly drafted will with a guardian designation, combined with a few supporting documents, puts that decision entirely back in your hands. Carryl Law helps Plantation parents do exactly that.
Tools We Provide For a Guardianship
Florida gives parents two key tools to protect their children:
- Testamentary Guardian Designation (Florida Statutes § 744.3021) This is written directly into your will. It names the person you want to raise your children if both parents are gone or incapacitated. Without it, the court has no instruction from you and will proceed entirely on its own judgment.
- Pre-Need Guardian Designation (Florida Statutes § 744.3045) This is separate from your will, which tells the Broward court exactly who you want appointed. It carries significant legal security and can override competing petitions from other family members. It’s as if your voice is in the courtroom, even when you can’t physically be there.
Together, these two documents are the foundation of every minor child protection plan that a guardianship attorney builds for Plantation families.
Why Guardianship is So Important in Plantation
Broward County is one of the highest-volume guardianship jurisdictions in Florida, with over 600 new filings per year and judges handling more than 3,400 probate and social cases each annually. The 17th Judicial Circuit moves fast—and without your instructions on file, it moves without you.
Only 43% of Millennials in the Plantation area have a will. That means the majority of young parents here have no guardian named for their children at all. If you’re in that group, here’s what the process looks like without a plan if you pass away:
- A family member—or multiple family members—file competing petitions in Fort Lauderdale
- The court evaluates each candidate, which takes months and legal fees
- A guardian ad litem may be appointed to represent your children’s interests, adding more cost
- The judge makes the final call without your input
Under Chapter 744, Florida courts are required to find the “least restrictive” arrangement for the child. But “least restrictive” is the court’s definition, not yours. The only way to influence that outcome is to have your documents in order before anything happens.
The $15,000 Rule—One More Reason to Act Now
Even if your children are safe with a trusted guardian, there’s a second issue most parents don’t know about. If your minor child inherits more than $15,000 — from a life insurance policy, a settlement, or your estate — Florida law requires a separate court-supervised guardianship of that money, even with a guardian already in place. The only way to avoid this is a Testamentary Trust built into your will, which Carryl Law can include in your minor guardianship plan.
Where These Cases Are Heard—and Why Local Representation Matters
If guardianship proceedings are ever filed for your children in Plantation, they will be heard at the Broward County Central Courthouse, located at 201 SE 6th Street, Fort Lauderdale, FL 33301.
From central Plantation near University Drive and Broward Boulevard, that’s roughly 15–25 minutes east, about 7 miles straight down Broward Boulevard from Westfield Broward Mall, depending on I-595 traffic. Attorney Nicholas Carryl is an experienced guardianship attorney who practices in the 17th Judicial Circuit and knows this court, its procedures, and its judges. That familiarity matters when time is short, and your family is depending on the outcome.
How Carryl Law Protects Plantation Families
Attorney Nicholas Carryl is a Plantation-based estate planning lawyer who has helped Broward County parents get their children’s futures legally protected. Our guardianship attorney strives to do this simply, clearly, and without unnecessary legal talk.
Your guardianship plan can include:
- A Last Will and Testament with a named guardian for your minor children under Florida Statutes § 744.3021
- A Pre-Need Guardian Designation filed under § 744.3045 to protect your choice in court
- A Testamentary Trust to protect any assets your children may inherit, bypassing the $15,000 court-supervision threshold
- A Durable Power of Attorney and Health Care Surrogate Designation under Florida Statutes §§ 709 & 765, so that if you’re incapacitated rather than deceased, someone you trust (not a judge) manages your affairs in the meantime
This is not a complicated or expensive process. Most Plantation families can have everything in place after a single consultation.
Answering Frequently Asked Questions
Can grandparents or siblings just take the kids without going to court?
Does naming a guardian also protect my children's money?
How long does it take to get everything set up?
Schedule Your Consultation with a Guardianship Attorney
You’ve already done the hardest part: deciding that your children deserve a plan in case you’re unable to care for them. The next step is to schedule a consultation to give you certainty that no matter what happens, the right person will be there for your kids.
Carryl Law serves Plantation and all of Broward County. Let us help you protect your kids.