A person 18 years of age or older who has an interest in the protection of the personal or property rights of the incapacitated person may qualify to serve as a court-appointed guardian. Institutions such as a bank trust department, a nonprofit religious or charitable corporation, a professional guardian, or a public guardian can be appointed guardians. Persons who have been convicted of a felony cannot be appointed.

A completed Application for Appointment of Guardian form must be submitted by the proposed guardian at the time a guardianship case is opened. The Court will review the application to ensure the guardian will best serve the needs of the ward.

Fingerprint and Background Check requirements:

The Florida Department of Law Enforcement (FDLE) no longer accepts or processes hard copy guardian applicant fingerprint cards. Fingerprints are to be submitted electronically via a live scan device.

Pursuant to Florida Statutes §744.361, the guardian of the ward’s person may exercise those rights that have been removed from the ward and delegated to the guardian by the court. These may include providing medical, mental and personal care services and determining the place and kind of residential setting best suited for the ward. The guardian of the person must file an initial plan for the ward’s care and then an annual plan detailing the plans for the ward’s care.

Pursuant to Florida Statutes §744.361, a guardian given authority over any property, real or personal, of the ward shall inventory the property, protect, preserve, and invest it prudently, and use it for the ward’s support. The guardian is required to account for the property by filing a detailed inventory and then conduct annual accounting reports with the court.

In addition, the guardian must obtain court approval for certain financial transactions. See Florida Statutes §744.441 for a complete list of financial transactions that require court approval.

Yes. Guardians may be required to furnish a bond and may be required to complete a court-approved training program. A guardian who does not properly carry out his or her responsibilities may be removed.

An adult may file a petition with the court to determine another person’s incapacity. The court then appoints a committee of three professionals to examine the alleged incapacitated person and report their findings to the court.

The court will appoint an attorney to represent the person alleged to be incapacitated unless the person is represented by their own attorney. If the examining committee concludes that the alleged incapacitated person is not incapacitated in any way, the court will dismiss the petition.

If the examining committee finds the person to be incapable of exercising certain rights, the court schedules a hearing to determine whether the person is totally or partially incapacitated. A guardian is usually appointed at the end of the incapacity hearing.

Pursuant to Florida Statutes §744.301, the court must appoint a guardian if a child receives an inheritance, proceeds of a lawsuit, or an insurance policy exceeding $15,000.

Yes. See the Clerk of Courts Court Division Fees.

No. Florida law requires the use of less restrictive alternatives to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. If a person creates an advance health care directive and a durable power of attorney or revocable living trust while competent, he or she may not require a guardian in the event of incapacity.

Not necessarily. If a person recovers in whole or part from the condition that caused him or her to be incapacitated, the court will have the ward re-examined and can restore some or all of the person’s rights.