A guardianship is a legal proceeding in the circuit court in which a guardian exercises the legal rights of an incapacitated person, minor, voluntary wards, or developmentally disabled individuals. Guardians make decisions and take actions regarding the well-being of the ward.
Printable Forms
Some reasons a guardianship may be established are
- Someone is declared incompetent or incapacitated
- A minor who has inherited money or real property
- A minor who is the recipient of a court settlement over $15,000
- A minor who is living with someone other than a parent who will need to make decisions about schooling and health care
At the time of appointment, the court will determine the guardian’s powers to be limited or plenary to exercise some or all rights of the minor or incapacitated person.
Every guardian should become familiar with the powers and duties of a guardian reflected in Florida Statutes 744.361. A specific function of the guardian is to file initial and annual reports as outlined in Florida Statutes 744.362 and 744.367.
Reporting Guardianship Fraud
Do you suspect a guardian, family member, attorney or caregiver of financial mismanagement such as stealing money from a ward’s account, selling off a ward’s property or making suspicious loans or money transfers? Report it to the Guardianship Fraud Hotline.
Using the Guardianship Fraud Hotline, you can report suspected fraud, waste, abuse or financial mismanagement involving court-appointed guardians over elderly, minor children and incapacitated individuals.
FAQs
NOTE: If a guardianship is pending, the Petition must be filed in that case; otherwise, it must be filed in the circuit where the vulnerable adult resides.
Petitions may be filed Monday through Friday from 8:00am to 4:30pm
Clerk of the Court Probate Department located at:
Informational Links
